Satyabrata Sinha, J. - (1.) This, appeal is directed against a judgment and order, dated 31 May 1991, passed by a learned Single Judge of this Court in C.O. No.4830 (W) of 1988 whereby and whereunder the said learned Judge dismissed the writ application filed by the writ petitioners.
(2.) The fact of the matter shortly stated is as follows : Petitioners 1 to 3 are retired employees of the State Bank of India Originally, they were appointed as clerks in Imperial Bank of India. Petitioner 4 is an association of pensioners of the State Bank of India. Allegedly Imperial Bank of India provided 2 retiring benefits to its employees, - one being contributory provident fund with contributions on either side of 5 per cent of basic salary of the employees and also guaranteed a pension out of pension section of a fund known as Imperial Bank of India Employees' Pension and Guarantee Fund. Both the aforementioned funds vested in the trustee, who was arrayed as respondent 2. An industrial dispute was raised by the employees of the State Bank of India, and the said dispute was referred to a Tribunal known as Sastri Tribunal. An award was made by the said Tribunal in the year 1954. As against the award of the said Tribunal, an appeal was preferred. By reason of the award of the said Tribunal, recovery and/or realisation of contribution from the employees since July 1931, had been directed to be discontinued. According to the writ- petitioners, as despite the said direction, contributions made by them from 1931 onwards were not refunded, they filed the aforementioned writ application.
(3.) The learned trial Judge upon taking into consideration all aspects of the matter, inter alia, held that Paras.410, 411, 412, 413 and 414 of Sastri award would show that thereby compulsory contribution by the employees to the pension fund was stopped, and the counsel appearing on behalf of the employees did not press for refund of the contribution made in the past, and reserved the right to take proceedings elsewhere with regard thereto. It is stated that the recommendation of the said Tribunal in terms of the said award was given effect to.;