S.N.Mallick, J. - (1.)This writ application has been filed by the Andaman and Nicobar State Co-operative Bank Employees Union through their General Secretary, challenging the transfer order being No. 172 dated 1.5.1995 issued by tile Managing Director, the respondent No. 5 of the Andaman and Nicobar State Co-operative Bank Limited, Port Blair thereby transferring 70 employees of the Bank different branches of the Bank in the Islands. It is asserted in tile writ application that the impugned transfer order affecting 70 employees of the Bank at one stroke is wholly malafide with the sole object to demoralise the newly constituted Union of the employees inasmuch as, by the said order the Vice President of the Union along with 2 Executive Members have also been transferred. The respondent No. 3 is the Chairman of the said Andaman and No. 4 is the Chairman of the said Andaman and Nicobar State Co-operative Bank Limited. The writ application has been contested on behalf of the respondent No. 4 an 5. Before going into the merits of the application it would be helpful to refer to certain admitted and undisputed facts on record as follows :-
(2.)The Andaman & Nicobar State Co-operative Bank Ltd. (hereinafter referred to as Bank) has 31 branches in the Islands and the total No. of employees of the Bank is 240. The Employees Union was registered on 20.1.1995 of which 160 employees are the members. There are to office bearers of the Union to work for a period of 2 years commencing front 7.12.1994. The President of the Union is not an employee of the Bank. It has been submitted by Miss. Shyamali Ganguli, the learned advocate appearing for the petitioner that the General Secretary of the Union is a 4th Grade employee. It is also admitted that out of the 9 office bearers of the Union who were the employees of the Bank only 3 have been transferred under the impugned order. They are to be found at Sl. Nos. 31, 42 and 50 of the impugned order. The impugned order is to be found as Annexure 'C' to the writ application.
(3.)In the impugned order 57 employees are officers the rest of the employees so transferred belongs to Clerical staff.
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