RAKESH TIWARI, J. - (1.) HEARD the learned Counsel for the parties and perused the records.
(2.) BY means of this writ petition, the petitioners have sought the relief of mandamus directing respondent No. 1, Punjab National Bank, Regional Office, Kanpur to reinstate the petitioners in service and further directing respondent No. 2 to compute the back wages to which they are entitled to in accordance with law. The facts of the case are that erstwhile Hindustan Commercial Bank was merged with the Punjab National Bank under the scheme of amalgamation vide notification dated 18 -12 -1986. It was contemplated in the notification that all the rights, powers, claims, demands, interest, authorities, privileges, properties etc. of the Hindustan Commercial Bank shall stand transferred and become the properties and assets of the transferee bank under the scheme of amalgamation.
(3.) THE scheme of amalgamation notified by notification dated 18 -12 -1986 provided that Hindustan Commercial Bank Ltd. Kanpur shall be the transferee Bank and if on the prescribed date any legal proceeding of whatsoever nature is pending, shall not abate or discontinue and shall be prosecuted and enforced by or against the transferee bank. Para 10 of the scheme, which is relevant for purpose of deciding the controversy is as under: (10) All the employees of the transferor bank other than those specified in the schedule referred to in the succeeding paragraph shall continue in service and be deemed to have been appointed by the transferee bank at the same remuneration and on the same terms and conditions of service as were applicable to such employee immediately before the close of business on 24 -5 -1986.;