JUDGEMENT
Nanavati, J. -
(1.) Leave granted.
(2.) This appeal by special leave is directed against the judgment and order passed by the High Court of Allahabad in Special Appeal No. 877 of 1993:(Reported in AIR 1997 All 8).
(3.) Fourteen bank including the Punjab National Bank Ltd. (for short Rs. PNB) were nationalised in 1970. Six more banks including the New Bank of India (for short Rs. NBI) were nationalised by the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (for short the Rs. Act) Finding it necessary, the Central Government, in exercise of the powers conferred be Section 9 of the Act, framed a scheme for amalgamation of NBI with PNB, named as the New Bank of India (Amalgamation and Transfer of Undertakings) Scheme, 1993. On the commencement of the Scheme the Undertakings of NBI stood transferred to and vested in PNB. All the officers and other employees of NBI, who were willing to join PNB, became officers and employees of PNB. As a result of this merger, some officers and employees of former NBI were found surplus. Therefore, on 16-9-93, the PNB framed guidelines for deployment/redeployment of such surplus staff as well as for ensuring exchange of personnel and proper placing of officers of the banks. Following those guidelines the surplus workmen-staff of NBI was transferred to various branches of PNB. These transfer orders were challenged by the All India New Bank of India Employees Federation and NBI Employees Union as well as some of the employees of NBI (for short referred to as petitioners) by filing a writ petition in the Allahabad High Court. It was allowed by a learned Single Judge of the High Court on 11-11-93. PNB and their officers filed an appeal before a Division Bench of that Court. While the appeal was pending an application for impleadment was made by 27 employees of NBI. That was allowed. The Division Bench dismissed the appeal with certain observations.;
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