- (1.) This writ application is filed by the petitioners for a direction upon the Regional Labour Commissioner (Central), Kolkata, to submit his failure report on the conciliation of the industrial dispute regarding denial of higher pensionary benefits to the employees of the respondent bank who retired before November 1, 2001 and also for other consequential reliefs.
(2.) The petitioner.No. 1 is a Regional Trade Union of the retired employees of the respondent bank. The petitioner Nos. 2 & 3 are the retired employees of the respondent bank. The respondent bank was formerly known as ANZ Grindlays Bank. It is renamed and known as the Standard Chartered Grindlays Bank.
(3.) On the basis of a settlement entered on November 20, 1997 under section 2(b) read with section 18(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) read with Rule 58 of the Industrial Disputes (Central) Rules, 1957 between the ANZ Grindlays Bank Ltd., and All India Grindlays Bank Employees Association, the pension of all retired employees was enhanced on ad hoc basis irrespective of their date of retirement. The above settlement was valid till December 31, 1998. By virtue of a comprehensive settlement entered on March 10, 1999 under section 2(b) read with section 18(1) of the said Act read with Rule 58 of the Central Rules, 1957 between the ANZ Grindlays Bank Ltd., and All India Grindlays Bank Employees Association, the quantum of monthly pension for various categories of retired employees as also future pensionaries was revised with effect from April 1, 1999 for a period of two years. By virtue of a subsequent settlement entered on September 24, 2001 under section 2(b) read with section 18(1) of the said Act read with Rule 58 of the Industrial Dispute (Central) Rules 1957 between the Standard Chartered Grindlays Bank Ltd., and the Grindlays Bank Employees Union, Kolkata, certain terms of the earlier settlement were revised. While enhancing the upper limit of pension from Rs. 6,000/- to 9,000/- of the employees retired on or after November 1, 2001, the respondent bank did not revise the quantum of pension of the employees who had already retired from the services of the bank. "The Standard Chartered Grindlays Bank Retired Employees Welfare Association", registered under the West Bengal Societies Registration Act, 1961, made several representations to the respondent bank for consideration of the case of the retired employees on the question of extending the benefit of enhanced pension to the retired employees. Ultimately the aforesaid "Standard Chartered Grindlays Bank Retired Employees Welfare Association" made an application before the respondent No. 2 for a tripartite conciliation meeting to settle the dispute with regard to extension of benefit of enhanced pension to all the retired employees of the respondent bank. The respondent No. 2 as per communication issued under Memo No. 7/1/2002/E.I. dated October 17, 2002 informed the respondent bank of the aforesaid grievance. The respondent bank as per communication dated October 13, 2002 addressed to the respondent No. 2 raised an objection to the locus standi of the Standard Chartered Griendlays Bank Retired Employees Welfare Association to raise such dispute before the respondent No. 2. According to that communication, the dispute not being an "industrial dispute", it was beyond the jurisdiction of the respondent No. 2 to entertain the same. Finally the respondent No. 2 as per impugned order communicated under Memo No. 14/9/2002/B.I. dated March 21, 2003 advised the Standard Chartered Grindlays Bank Retired Employees Welfare Association to approach the Labour Court for appropriate relief, if any under section 33C(2) of the said Act. Hence this writ application is filed.;