GAUTAM SENGUPTA Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) Assailing the order of transfer dated September 19, 2008, the petitioner approached this Court with an application under Article 226 of the Constitution.

(2.) Grievances of the petitioner, as ventilated, may briefly be stated as follows: The petitioner was appointed as a clerk in Punjab and Sind Bank on May 7, 1973. There had been no complaint whatsoever during his protracted service career. Petitioner is now posted as Special Assistant (Clerical Grade) viz. R.C.C., Kolkata Branch. He joined in the said post about three years back. He is the General Secretary of All India Punjab & Sind Bank Staff Organization, President of Bengal Provincial Bank Employees' Association. There are 26 public sector banks of which respondent bank is one. The wage pattern of employees of all such banks are revised periodically by bipartite settlement. First such settlement was signed on October 19, 1966. In view of certain controversies relating to revision of wage etc. the Union decided to go on strike on April 2, 2008. The Regional Labour Commissioner (Central) called on all the parties to a conciliation proceeding on March 27, 2008. In such view of the matter, the strike scheduled to be held on April 2, 2008 was postponed.

(3.) The authorities, however, took a harsh attitude and started harassing the petitioner for no fault on his part. The bank started a policy of promoting the clerks to officers. The said policy of mass promotions was initiated without following the norms as prescribed by the relevant rules. It was creating much problem as it gave rise to abnormal vacancies in the clerical grade, which again hampered the smooth functioning of the bank. In West Bengal 80 clerical staff were promoted to officer grade. Voice of protest was raised and representation was submitted in this regard.