CHAIRMAN SBI Vs. ALL ORISSA STATE BANK OFFICER ASSOCIATION
LAWS(SC)-2002-5-38
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on
May 06,2002
CHAIRMAN,STATE BANK OF INDIA
Appellant
VERSUS
ALL ORISSA STATE BANK OFFICERS ASSOCIATION
Respondents
Referred Judgements :-
BALMER LAWRIE WORKERS UNION BOMBAY VS. BALMER LAWRIE AND COMPANY LIMITED [REFERRED]Cited Judgements :-
ALL INDIA PUNJAB NATIONAL BANK WORKERS VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2009-10-55] [REFERRED TO]COCHIN REFINERIES EMPLOYEES ASSOCIATION VS. KOCHI REFINERIES LIMITED [LAWS(KER)-2002-3-8] [REFERRED TO]
C THANGARAJ VS. DIRECTOR SR DEPARTMENT OF POSTS [LAWS(MAD)-2008-10-191] [REFERRED TO]
ALL INDIA UCO BANK STAFF FEDERATION VS. UCO BANK [LAWS(CAL)-2014-3-3] [REFERRED TO]
BHARATI BHAWAN (PUBLISHERS & DISTRIBUTORS) VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-7-108] [REFERRED TO]
AIRPORT AUTHORITY KARAMCHARI UNION AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-3-196] [REFERRED TO]
I E L SUPERVISORS ASSOCIATION VS. UNION OF INDIA [LAWS(ALL)-2011-5-174] [REFERRED TO]
NATIONAL TEXTILE CORPORATION APKK AND M LIMITED VS. NATIONAL TEXTILES CORPORATION SHOWROOM EMPLOYEES ASSOCIATIONRESENTED [LAWS(KAR)-2006-7-42] [REFERRED TO]
UCO BANK EMPLOYEES ASSOCIATION VS. UCO BANK [LAWS(CAL)-2014-3-5] [REFERRED TO]
MRF MAZDOOR SANG VS. COMMISSIONER OF LABOUR [LAWS(APH)-2013-10-102] [REFERRED TO]
ALL INDIA UCO BANK STAFF FEDERATION & ANR. VS. UCO BANK & ANR. [LAWS(CAL)-2016-12-41] [REFERRED TO]
MANAGEMENT OF M/S TE CONNECTIVITY INDIA PRIVATE LTD VS. GENERAL SECRETARY TE CONNECITIVITY STAFF [LAWS(KAR)-2019-3-398] [REFERRED TO]
JUDGEMENT
D. P. Mohapatra, J. -
(1.)Leave is granted.
(2.)These appeals filed by the Chairman, State Bank of India, Central Office, Mumbai and the Chief General Manager, State Bank of India, Local Head Office at Bhubaneshwar are directed against the judgment dated 24.11.1998 of the High Court of Orissa in OJC No. 8863/1997 and the Order dated 23.7.1999 disposing of the petition for review of the said judgment, Civil Review No. 15/99, filed by the appellants. The operative portion of the judgment dated 24.11.98 reads as follows:
"For the foregoing reasons we set aside paragraph 2 of the Staff Circular No. 91 of 1987 if the same is still in force and direct the opposite parties to confer such rights on the petitioner-Association as are available to them under Rule 24 of the Verification Rules.
The Management of the State Bank of India are also directed to keep in mind the observations made in this judgment while dealing with its employees, officers and their Unions, recognized or unrecognized."
(3.)The High Court, allowing the review petition in part by the order dated 23rd July, 1999, issued the following directions:
"For the aforesaid reasons, in partial modification of the judgment dated 24.11.1998, we pass the following order:-
(i) We set aside paragraph 2 of the Staff Circular No. 91 of 1987 if the same is still in force and direct the management of the Bank to permit the writ petitioners-Association to meet and discuss the grievances of any individual member of the petitioner-Association relating to his service conditions in a regulated prescribed manner and further to appear on behalf of its members in any domestic or departmental enquiry or in any proceeding before the Conciliation Officer, Labour Court, Industrial Tribunal or any other Tribunal.
(ii) The management of the Bank will be at liberty to take such suitable disciplinary action as permissible in law if any individual employee or officer or office bearer of any Union or Association including the writ petitioner Association, recognized or unrecognized, indulge in any coercive or intimidating or indisciplined acts or behaviour.
(iii) We also direct the management of the State Bank of India to keep in mind the relevant observations made in the judgment dated 24.11.1998 and also in this order while dealing with its employees, officers and their Unions, recognized or unrecognized.
The review is allowed in part of the extent indicated above."
(2.)These appeals filed by the Chairman, State Bank of India, Central Office, Mumbai and the Chief General Manager, State Bank of India, Local Head Office at Bhubaneshwar are directed against the judgment dated 24.11.1998 of the High Court of Orissa in OJC No. 8863/1997 and the Order dated 23.7.1999 disposing of the petition for review of the said judgment, Civil Review No. 15/99, filed by the appellants. The operative portion of the judgment dated 24.11.98 reads as follows:
"For the foregoing reasons we set aside paragraph 2 of the Staff Circular No. 91 of 1987 if the same is still in force and direct the opposite parties to confer such rights on the petitioner-Association as are available to them under Rule 24 of the Verification Rules.
The Management of the State Bank of India are also directed to keep in mind the observations made in this judgment while dealing with its employees, officers and their Unions, recognized or unrecognized."
(3.)The High Court, allowing the review petition in part by the order dated 23rd July, 1999, issued the following directions:
"For the aforesaid reasons, in partial modification of the judgment dated 24.11.1998, we pass the following order:-
(i) We set aside paragraph 2 of the Staff Circular No. 91 of 1987 if the same is still in force and direct the management of the Bank to permit the writ petitioners-Association to meet and discuss the grievances of any individual member of the petitioner-Association relating to his service conditions in a regulated prescribed manner and further to appear on behalf of its members in any domestic or departmental enquiry or in any proceeding before the Conciliation Officer, Labour Court, Industrial Tribunal or any other Tribunal.
(ii) The management of the Bank will be at liberty to take such suitable disciplinary action as permissible in law if any individual employee or officer or office bearer of any Union or Association including the writ petitioner Association, recognized or unrecognized, indulge in any coercive or intimidating or indisciplined acts or behaviour.
(iii) We also direct the management of the State Bank of India to keep in mind the relevant observations made in the judgment dated 24.11.1998 and also in this order while dealing with its employees, officers and their Unions, recognized or unrecognized.
The review is allowed in part of the extent indicated above."
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