NARAIN LAL SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner, an employee of the State Bank of India has filed this Writ Petition with the prayer that the order dated 22nd July 1982 in respect of his transfer may be quashed.

(2.) THE order dated 22nd July, 1982 reads as under: State Bank of India, Jaipur Shri N. L. Sharma B-189, Nehrunagar, Jaipur. REGISTERED A. D. Dated: 22nd July, 1982 31st Asar. 1904 (S) B. M. No. 340 Dear Sir, STAFF: CLERICAL/cash TRANSFER It has been decided to transfer you to our A. D. B. Chhotisadri Branch permanently. Accordingly, you are being relieved from this branch as at the close of business today with instructions to report for duty to the Branch Manager, A. D. B. Chhoti Sadri after availing yourself of the usual joining time. Yours faithfully Sd/- BRANCH MANAGER (A. C. Jain)

(3.) IN January, 1982 according to the petitioner a branch of State Bank of INdia Employees Association have been opened at Jaipur and the petitioner has been elected as Secretary of the Association in January 3, 1982. The petitioner's case is that the information of the above election was given to all concerned and the list of the protected workers was also sent in view of para No. 3 of the Shashtri Award. But the management issued a letter on 22nd July, 1982 transferring the petitioner from Jaipur to Chhoti Sadri. The petitioner submits that this is an mala-fide act of victimisation and this order should be quashed. According to the petitioner, the Shashtri Award statutory in character in view of sec. 18 of the INdustrial Disputes Act, 1947 and para No. 535 of the above award, has been violated. Para 535 reads as under:- " (i) Every registered Bank Employee Union from time to time shall furnish the names of the President, Vice President and the Secretary. (ii) Except in very special cases whenever the transfer of any of the above mentioned office bearers is contemplated at least 3 clear working days notice should be put up on the notice Board of the Bank of such contemplated action. (iii) Any representation, written or oral, made by the Union shall be considered by the Bank. (iv) If any order of transfer is ultimately made a record shall be made by the Bank of such representation and the Bank's reasons for regarding them as inadequate. (v) The decision shall be communicated to the Union as well as to the employee concerned".