INDIAN BANK EMPLOYEES ASSOCIATION Vs. GENERAL MANAGER

JUDGEMENT

(1.) The writ-petitioner is a trade union and not a majority union. The Indian Bank whose employees they were minority trade union was the petitioner-union was the first nationalised bank to introduce Automated Teller Machine (ATM). It was first introduced at the Harbour Branch. Then subsequently at Royapettah, Mylapore and Anna Nagar Branches. Settlements were also entered into with respect to individual branches between the respondents-bank and the recognised union whereunder it was agreed to pay special allowance to two clerical staff attending to ATM on permanent basis based on branch seniority. This practice is continuing in the aforesaid branches till date. At that time ATMs were not interlinked to the central computer and were operated by the particular branch where the ATMs were installed. Thereafter the Indian Bank decided to have a network at Anna Nagar branch and to introduce ATM which is said to have been installed another in the Pursawakkam branch and yet another "After Hour Depository" (AHD) proposed for Mylapore branch. Both to be installed at T.Nagar branch. The problem now exists before us relates to T.Nagar branch alone. The settlements, which were entered into with regard to the Harbour Branch and the other branches are all produced in the typed set of papers filed by the respondents. The first is dated December 25, 1988, in which one of the terms is that two clerks/shroffs would attend to the duties/functions of the ATM and would be eligible, but the prescribed allowance is as admissible to tellers of the bank. This relates to the ATM installed at Harbour branch. On April 7, 1989 there was another settlement in which the bank decided to instal machines at Royapettah, Pursawakkam, Mylapore and Industrial Finance Branch and terms of two of the settlements indicate that the parties had agreed with the norms in vogue or the ATM at Harbour branch would govern the ATMs to be installed in the other four branches. On January 22, 1990 there was yet another settlement in which the terms ignoring the Anna Nagar Branch were agreed upon. It is seen from this that since there were practical difficulties in installation of ATM at Industrial Finance Branch, which was referred to in the second settlement of above, it was agreed to be installed at Anna Nagar branch.

(2.) The next settlement is dated January 19, 1990, in which the term relating to payment of special allowance shows that the parties had agreed that special allowance would be paid to all the clerical members who are working in cash department and that wherever clerical staff members are drawing special allowance on permanent basis, they would be continued to be paid special allowance on permanent basis as long as they work in the same branch and ceased to draw the allowance when they are leaving the branch. The other vacancies would be assigned on a turn basis. The settlement, dated December 21, 1992, which has a specific relation to the T.Nagar branch, viz., Clauses (6), (7) and (8) are extracted below:

(3.) The correspondence between the parties have been enclosed in the typed set of papers and one alone out of such letters is relevant and this is addressed by the T.Nagar branch to the Assistant General Manager, Indian Bank Regional Office. The following extract is relevant: