PUNJAB NATIONAL BANK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Punjab National Bank, a Scheduled Bank is the writ petitioner. The writ petition has been filed for a direction to be issued by this Court to the State to maintain law and order and to assist the Management of the Bank in rendering due services to its customers uninterrupted by the members of the Punjab National Bank Employees Federation and the Punjab National Bank Officers Association who have called for a strike tomorrow in the shape of "Dharna and Pardarshan." The Federation and the Association abovementioned have appeared through Shri Shivajee Pandey, learned senior advocate and the State is represented by Shri Manu Shanker Mishra, GP-X. Learned counsel for the Federation and the Association submits that his members are not to obstruct the normal working of Bank but they are certainly entitled in law to exercise their right as a Trade Union. Curtailing their rights in any manner would mean taking away their statutory right as also their fundamental right as enshrined under Article 19 of the Constitution of India. To the contrary, on behalf of the Management, it is submitted that they do not want to interfere with the rights of the Union so long as the Unions do not disrupt public services. Banking being an essential public service, the Management is under obligation to maintain the same. They have a duty to do the same. State, on the other hand, submits that as and when requests are made and occasion arises, they are there to assist the Management or the person seeking their assistance.

(2.) The three stands taken by the three parties, in my view, resolve the entire matter. The learned counsel for the Unions has undertaken not to disrupt banking services. This can only mean that they will not create directly or indirectly any hindrance in normal operation of the Bank. They will not directly or indirectly prevent customers or members of the Management or other officers willing to work from reaching the Bank or leaving the Bank. They will not interfere with or disrupt the working environment in any branch of the Bank. It is only in this way and beyond this that they can exercise their right. In case, the Bank finds any obstruction either directly or indirectly, the Management would immediately contact the District Civil and Police Administration who would be legally bound to render all assistance in the matter. All entrance and exit points from the Bank or its branches shall be kept unobstructed and the "Dharna and Pardarshan" would be at least ten meters away from all such points and premises........" In my view, in view of the directions as passed above, nothing more survives to be done in this writ petition and it accordingly stands disposed of.

(3.) In this order wherever this Court has referred to the Bank/Branch, it means all Branches, Office Branches and Premises of the petitioner-Bank.