Arijit Pasayat, J. - (1.) Challenge in this Appeal is to judgment of a Division Bench of Madras High Court holding that customary bonus was not payable by the State Bank of India (in short the Bank) after Banking Laws (Amendment) Act, 1984 (Central Act No. 64 of 1984) (in short the Amendment Act) was enacted. Appellant has questioned constitutional validity of the said amendment before the Madras High Court by filing a writ petition which was dismissed.
(2.) Factual position which is almost undisputed is as follows:- By the Amendment Act, State Bank of India Act, 1955 (in short the State Bank Act) and State Bank of India (Subsidiary Banks) Act, 1959 (in short the Subsidiary Act) and Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (in short the Undertakings Acts) were amended.
(3.) By that amending Act, a new Section 43-A comprising of three sub-sections (1), (2) and (3) and marginal heading "Bonus" was introduced in the State Bank Act. The said Section reads as under:- "(1) No Officer, Adviser or other Employee (other than an employee within the meaning of Clause (13) of Section 2 of the Payment of Bonus Act, 1965 (21 of 1965) of the State Bank shall be entitled to be paid any bonus. (2) No employee of the State Bank, being an employee within the meaning of Clause (13) of Section 2 of the Payment of Bonus Act, 1965 (21 of 1965), shall be entitled to be paid any bonus except in accordance with the provisions of that Act. (3) The provisions of this Section shall have effect notwithstanding any judgment, decree or order of any Court, Tribunal or other authority and notwithstanding anything contained in any other provision of this Act or in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force or any practice usage or custom or any contract, agreement, settlement, award or other instrument." ;