ASHWANI KUMAR SHARMA Vs. HIMACHAL GRAMIN BANK

JUDGEMENT

(1.) IN this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed inter alia for the following reliefs : "(i) That Circular Nos. 9/94 dated 15.2.1994 (Annexure P -10) and 15/94 dated 2.4.1994 (Annexure P -11) may be quashed and set aside; (ii) That the clarification given by respondent No. 3 as referred to in Annexure P -II may be quashed and set aside in so far as the same goes contrary to the direction contained in the Award of National Industrial Tribunal for Regional Rural Banks dated 30.4.1990; (iii) That in case the respondents have recovered some amount out of the pay and other emoluments payable to the petitioners in accordance with the Circulars Annexure P -10 and P -11, the same may be directed to be refunded to the petitioners; (iv) That any other relief deemed just and proper in the circumstances of the case may also be granted; (v) Cost of the writ petition may also be awarded."

(2.) PETITIONERS No. 1 to 3, namely, Ashwani Kumar Sharma, Virender Kumar Rana and Manjit Singh Gathania are the employees of Himachal Gramin Bank, Mandi, respondent No. 1 herein whereas petitioners No. 4 and 5 namely Himachal Gramin Bank Karamchari Sangh and Himachal Gramin Bank Officers Organization are the registered Unions under the Trade Union Act. According to the petitioners the Regional Rural Banks Act, 1976 provides under Section 3 that the Central Government on the request of Sponsor Bank, may establish by notification in the official gazette, in a State or Union Territory one or more Regional Rural Bank with such name as may be specified in the notification and such Regional Rural Bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of the act to acquire, hold and dispose of the property and to contract and may sue and be sued in its name. In the State of Himachal Pradesh, at the request of Punjab National Bank, respondent No. 4 herein, being the Sponsor Bank the Central Government has established Himachal Gramin Bank respondent No. 1 here (hereinafter referred to Gramin Bank1) in December, 1976 with Head Office at Mandi, District Mandi.

(3.) THE Government of India referred the dispute arising out of the writ petitions to the National Industrial Tribunal (hereinafter referred to NIT) vide notification No. 235 dated 26th November, 1987 published in Gazette of India. Sh. Justice S. Obul Reddi, Retired Chief Justice of High Court of Andhra Pradesh was appointed Chairman of NIT with the Headquarters of the NIT at Hyderabad. It was further provided in the notification that the decision of the NIT shall be final and binding. On establishment of NIT a notification dated 24.2.1988 was issued by the Tribunal calling upon the parties to submit their representations and claim statements and consequently representations were submitted by the petitioners and other interested persons. NIT examined 293 witnesses and consequently made and award on 30th April, 1980. A copy of the Award is placed on record of the writ petition as Annexure P -1. It was specifically held in the award that the Officers and other employees of the Regional Rural Banks (for short as RRBs) would be entitled to claim parity with the officers and other employees of the Sponsor -Banks in the matter of pay scales, allowances and other benefits. So far the issue of equation of posts in the RRBs in the Sponsor Banks the same was left to be decided by the Central Government in consultation with, such authorities as it may consider necessary. The Central government on receipt of the award of NIT constituted a Equation Committee on RRBs vide Telex Message No. 2775 dated 5.10.1990 under the Chairmanship of Sh. P.K. Kotaiah, M.D. National Bank for Agriculture and Rural Development (NABARD) consisting of four others members. The equation Committee in its report recommended that allowances and benefits which are provided in the Bipartite settlements and in Service Regulations of the concerned Sponsor Banks may be extended to the concerned RRBs employees and Officers respectively. The report of the Equation Committee was accepted by the Central Government on 16.1.1991 and thereafter the recommendations of the Committee were sent to all Chairmen and Managing Directors of all the Sponsors Banks and all the RRBs for implementation vide letter No. 11 -3/90 -RRB(1) dated 22.2.1991. A copy of the said letter is placed on record as Annexure P -2.