- (1.) In this writ petition filed by the petitioners, following relief is prayed for: (a) Issue Writ of Mandamus commanding the respondent to implement the settlement dated 29.10.93 entered into between the Indian Bank Association and Trade Union of the Sponsor Bank to the petitioners who are the retired employees of Regional Rural Bank. (b) Pass any such further order and issue any such directions as this Hon'ble Court may deem fit, proper and just in the special circumstances of the petitioners' case. (c) Cost of the writ petition may be awarded. Learned Senior Advocate Mr. M. Mridual, assisted by Mr. Vinay Jain, submits that a bi-partite settlement was made on 29.10.1993 between management of 58 nationalized Banks and workmen of all India Bank Employees Association which is Annex. 3 on the record and he said settlement was implemented by 58 Banks. However, the said settlement was not implemented for sponsored Banks of the 58 Banks. The petitioner Samiti and retired employees of sponsored Banks of other States preferred writ petitions directly before the Supreme Court under Article 32 of the Constitution of India and the petition filed by the petitioner Samiti was registered as Writ Petition (C) No. 199/2005, Gramin Bank Pensioners Samiti vs. Union of India, in which, on 9.5.2005 Hon'ble Supreme Court passed an order that the petitioners may approach the High Court for redressal of their grievance raised in the petition.
(2.) Learned counsel for the petitioners submits that not only the petitioners' association but the other associations of other States including the All India Rural Banks Employees' Association of Kolkata and others preferred writ petition before the Hon'ble Supreme Court but Hon'ble Apex Court while declining to interfere in exercise of jurisdiction under Article 32 of the Constitution of India granted opportunity to approach the respective High Court for redressal of the grievance.
(3.) Learned counsel for the petitioners submits that in identical situation a petition was filed at Karnataka High Court by All India Regional Rural Banks Association and Others, the same was registered as Writ Petition No. 20034 of 2003 (S-RES), in which, final adjudication has been made by the High Court of Karnataka vide judgment dated 22.3.2011 whereby directions for implementation of the memorandum of settlement dated 29.10.1993, which is Annex. 3 to this writ petition has been made. Further, it is pointed out by Senior Advocate Mr. Mridul that as per verdict of the Hon'ble Supreme Court in the case of South Malabar Gramin Bank vs. Co-ordination Committee of South Malabar Gramin Bank Employees Union and South Malabar Gramin Bank Officers Federation and Others, 2001 4 SCC 101, the respondents are under obligation to grant all the benefit of bi-partite settlement to employees of sponsored Banks also, therefore, the controversy in this petition is also identical with regard to implementation of the settlement dated 29.10.1993, therefore, same directions as passed by the Karnataka High Court may also given in this writ petition.;