UTTAR PRADESH BANK EMPLOYEES FEDERATION Vs. UNION OF INDIA UOI
LAWS(ALL)-1999-3-33
HIGH COURT OF ALLAHABAD
Decided on March 12,1999

UTTAR PRADESH BANK EMPLOYEES FEDERATION Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

D.K. Seth, J. - (1.) As prayed for by Ms. Maurya, leave is granted to correct the prayer (i) to the extent Annexures 5 to 26 instead of Annexures 5 to 21. She will incorporate the correction in the course of today.
(2.) U.P. Bank Employees' Federation, a registered trade union under the Indian Trade Unions Act, 1926 has moved this writ petition seeking a mandamus commanding the State Government to refer the disputes in respect of the services of the workmen mentioned in the Government Orders contained in Annexures 5 to 26.
(3.) The brief facts giving rise to the present case was that the respondent Bank being State Bank of Bikaner and Jaipur employed concerned workmen for a period of 80 days purely on temporary measure and did not permit them to continue on the expiry of 80 days or lesser period. This order of termination/retrenchment, as the case may be, has since been sought to be made foundation of a dispute under Section 2-A of the Industrial Disputes Act by the individual workmen, whose reference were rejected by the orders contained in Annexures 5 to 26. This reference had since been refused by the State Government in exercise of power under Section 10 of the said Act on the ground that the employer Bank had assured that they would be giving one time opportunity to those employees who had served for less than 80 days to be absorbed through a selection process by the Bank. All the references sought by each of the individual workmen who are identically situated, were refused on the similar or identical grounds. Admittedly, the individual workmen had not come up against the said order. It is the union who has sought to espouse the cause of those workmen claiming them to be members of the Union through this writ petition seeking the relief as mentioned above.;


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