- (1.) The dispute in this appeal centres around what has been described as Settlement 'a' dated November 28, 1973 between the management of the respondent Bank and its staff Union. Settlement 'a' is captioned as recruitment Policy. The material part of settlement 'a' is as follows: settlement 'a' recruitment Policy "Bank is willing to consider a policy which would provide for recruitment of one son or an unmarried daughter or widowed wife of employees, on their retirement, death or incapacitation, provided the candidate meets the minimum requirements. . "
(2.) According to me respondent, under settlement 'a' they merely agreed to consider policy for recruitment on compassionate grounds. However, in fact, no such policy was framed thereafter. In 1982 one D. R. Kashyap, head Messenger sought early retirement and requested the management for absorption of his son in the services of the Bank in the subordinate cadre, in place of himself. This request was rejected by the management pointing out that there was no agreement to give appointment on compassionate grounds.
(3.) In respect of this dispute, a reference was made to the Industrial Tribunal, New delhi, on 4/12/1986. The dispute so referred was: Whether the action of the management of american Express International Banking corporation, New Delhi in refusing employment to the son of Shri D. R. Kashyap, Head Messenger on his retirement in violation of the agreed policy is justified if not, to what relief is the workman concerned entitled;