ALTAMAS KABIR, J. - (1.) These two matters have been taken up for final hearing together as the same set of facts are involved in both the matters, although the reliefs prayed for are different. The application made on the Appellate Side is prior in point of time and the petitioners therein are the trade union and its office bearers representing one set of daily rate peons employed by the United Industrial Bank which was subsequently merged with Allahabad Bank. The petitioners in the other writ application are another trade union and its General Secretary representing some of the other daily rated employed by the erstwhile United Industrial Bank.
(2.) IN order to appreciate the questions which have been posed in these two applications, it was necessary to briefly set out the facts leading to reconciliation proceedings which ended in a reference to the Central Government Industrial Tribunal Calcutta, being Reference No. 21 of 1990 and award passed therein on May 15, 1992. According to the petitioners in Matter No. 879 of 1994, the erstwhile United Industrial Bank of India Limited had been engaging daily peons, hereinafter referred to as D.R.Ps. since 1978, in order to meet the day to day work of the Bank, and, although the number of D.R.Ps were about 600 in the year 1989, they were not absorbed or given appointment on a regular basis against available vacancies.
(3.) IT is also the petitioners' case in both applications that pursuant to an application made by the Reserve Bank of India under Section 45(1) the Banking Regulations Act, 1949 the United Industrial Bank of India Limited was amalgamated with Allahabad Bank with effect from October 31, 1989, under a scheme of amalgamation approved by the Government of India. Pursuant to amalgamation, which was duly notified in the Gazette all the liabilities, duties and obligations of the United Industrial Bank of India Ltd., referred to in the scheme as the Transferor Bank stood transferred to and became the liabilities, duties and obligations of the Allahabad Bank, which was referred to as the Transferee Bank, to the extent and in the manner as provided in the scheme of amalgamation.;