UTTAR BIHAR GRAMIN BANK Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present case, the petitioners are seeking relief for regularization of services of Sweepers-cum-Messengers in the Bank with effect from the date of their initial engagement. In the present case no counter affidavit has been filed on behalf of the Bank, Neither the petitioner nor learned counsel for the Bank is present to participate in the proceeding.

(2.) From the facts mentioned in the writ petition it appears that with similar facts, different Association of Regional Rural Bank have approached the Hon'ble Supreme Court vide W.P. No.7149-50 of 1982 and 132 of 1984 where plea was parity of pay with employees and Officers of sponsoring Bank there both parties such as Union of India and Management agreed to resolve the dispute through adjudication by the National Industrial Tribunal and accordingly on the direction of the Hon'ble Supreme Court the Union of India vide notification no. F10(21) /87 RRB dated 26.11.1987 constituted a National Industrial Tribunal headed by retired Chief Justice of Andhra Pradesh High Court with point of reference equation of pay of employees of Gramin Bank vis-a-vis corresponding employees of sponsoring nationalized Bank. Later on the Association of the Sweepers-cum- Messengers also approached to the Hon'ble Supreme Court under Article 32 of the Constitution of India seeking direction, inter alia, with regard to regularization of their services from the date of their initial engagement either in part time or full time as Sweepers-cum-Messengers in the said Bank and also for payment of salary at par with regularl employees of the nationalized sponsored Bank. Hon'ble Supreme Court referred the matter to National Industrial Tribunal, after considering the materials produced by all concerned parties gave its award dated 30.4.1990 the Tribunal dealt with the issue of regularization, pay scale and other allowances in para 4.358, 4.405, 4.410 and 4.425 held that services of Sweepers-cum-Messengers shall be regularized from the date of their continuous engagement. The Tribunal has specifically held that the Officers and the employees of RRB are entitled to parity with the officers and others employees of the sponsorer Banks in the matter of pay scales, allowances and other benefits with effect form 1.9.1987, whereafter the Central Government constituted a Equation Committee under the Chairmanship of P.Kotaiya on 5.10.1990 to do exercise the issue pertaining to their equation of posts in RRB and sponsor Bank and consequential fixation of pay, allowances and other benefits. The Equation Committee report has also submitted its report to the Central Government and the Central Government vide its order dated 21991 accepted the award of the NIT and recommendation of the report of Equation Committee.

(3.) The Association of Gramin Bank Employees has moved this Court vide C.W.J.C. No. 7948 of 2005 wherein it has been recorded that the Regional Rural Banks has been merged with creation of new identity. The constitution of management on account of merger has undergone a drastic change. In view of this development this Court directed the petitioner Association to approach to respective Management for raising their grievances by way of filing representation in this regard. If representation is filed then the respondent authority will examine their claim in the light of NIT award.