- (1.) Present Writ petition is directed for issue of a writ in the nature of certiorari for quashing the transfer orders dated 18.9.93, 12.10.93 and 16.10.93 filed as Annexures 5 to 9 with the Writ petition and also the circular of Punjab National Bank issued on 16.9.93, filed as Annexure-4 and also for an order directing the Respondents not to transfer any employee of officer of erst while New Bank of India outside station and outside state alter the amalgamation of the said Bank with the Punjab National Bank by the notification dated 9.4.93. There is also prayer for revoking the transfer order made in pursuance of the circular dated 16.9.93 in respect of employees and officials of the ers while New Bank of India.
(2.) Petitioners In the Writ petition arc All India New Bank of India Employees Federation and New Bank of India Employees Union who claim to be regIstered Union of the employees of erst while New Bank of India whereas Petitioners 3 to 7 are the employees of the erst while New of India who have been subjected to transfer as per the Circular dated 16.9.93, referred to above.
(3.) Sri Raj Kumar Jain learned Counsel for file Petitioners has made two contentions before me. First contention raised by the learned Counsel was that transfer orders including the transfer policy dated 16.9.93 issued by the Punjab National Rank and its officers, who are Respondents in the Writ petition, are illegal and hit by Clause (4) of the Scheme trained by the Central Government wide notification dated 4.9.93 issued under Section 9(2)(c) of Banking Companies (Acquisition & transfer of Undertakings) Act, 1970 and also by to same provision of the subsequent Act with the same name enacted in the year 1980 in asmuch as so far no scheme as envisaged by Clause (4) of notification dated 4.9.93 for "placement of the employees of the transferor Bank including the determination of inter seniority, vis-a-vis the employees of the transferee Bank" has been framed by Central Government in consultation with the Reserve Rank of India without which if is argued no order of transfer can be made. The next contention for assailing the orders of transfer and transfer policy which has been made by the learned Counsel for the Petitioner is that the said policy is the product of discriminatory treatment which is being meted out only to the employees of the erst while transferor Bank, namely the New Bank of India (hereinafter called the N.B.I. by illegally terming them as surplus staff although so far no branch or office of the erstwhile N.B.I. has been abolished by tie Punjab National Bank (hereinafter called the P.N.B.).;