G. M. LODHA, J. - (1.) THE petitioner, an employee of the State Bank of India has filed this Writ Petition with the prayer that the order dated 22nd July 1982 in respect of his transfer may be quashed.
(2.) THE order dated 22nd July, 1982 reads as under: State Bank of India, Jaipur Shri N. L. Sharma B-189, Nehrunagar, Jaipur. REGISTERED A. D. Dated: 22nd July, 1982 31st Asar. 1904 (S) B. M. No. 340 Dear Sir, STAFF: CLERICAL/cash TRANSFER It has been decided to transfer you to our A. D. B. Chhotisadri Branch permanently. Accordingly, you are being relieved from this branch as at the close of business today with instructions to report for duty to the Branch Manager, A. D. B. Chhoti Sadri after availing yourself of the usual joining time. Yours faithfully Sd/- BRANCH MANAGER (A. C. Jain) It appears that the petitioner has either created or unwaittingly remained under fumes and fire from the very inspection of his joining the respondents as clerk. He joined on 17th, May 1983 and he was terminated from the services on 31st August, 1974. This led to a reference and while the Industrial Tribunal was seized of the matter there was an agreement to treat the petitioner as substantive from 15th March, 1978. The award followed on 2nd March, 1979. The controversy was not over as according to the petitioner, the Bank did not implement the above agreement and award. He was posted as clerk-cum-cashier at Sawai Madhopur, which according to the petitioner was a breach of award. However, the petitioner was successful in getting himself posted at Jaipur. Even the question of bearing expenses of transfer from Sawai-madhopur to Jaipur because the subject matter of controversy and generated heat between the parties. At Jaipur when he was assigning the duties of cashier in Sanganeri Gate Branch, he protested. The petitioner then raised dispute about his overtime payment and put the management in the dock under Section 33 (c-2) of the Industrial Dispute Act before the Labour Court. Two applications are yet pending. Treating the above disputes as minor, the petitioner claims that he rised a major dispute regarding destruction of the bundles of currency notes of various denomination in fact not containing the requisite number of notes. On his complaint the petitioner was issued a memo on 9th March, 1981 alleging inefficiency in supervision.
(3.) IN January, 1982 according to the petitioner a branch of State Bank of INdia Employees Association have been opened at Jaipur and the petitioner has been elected as Secretary of the Association in January 3, 1982. The petitioner's case is that the information of the above election was given to all concerned and the list of the protected workers was also sent in view of para No. 3 of the Shashtri Award. But the management issued a letter on 22nd July, 1982 transferring the petitioner from Jaipur to Chhoti Sadri. The petitioner submits that this is an mala-fide act of victimisation and this order should be quashed. According to the petitioner, the Shashtri Award statutory in character in view of sec. 18 of the INdustrial Disputes Act, 1947 and para No. 535 of the above award, has been violated. Para 535 reads as under:- " (i) Every registered Bank Employee Union from time to time shall furnish the names of the President, Vice President and the Secretary. (ii) Except in very special cases whenever the transfer of any of the above mentioned office bearers is contemplated at least 3 clear working days notice should be put up on the notice Board of the Bank of such contemplated action. (iii) Any representation, written or oral, made by the Union shall be considered by the Bank. (iv) If any order of transfer is ultimately made a record shall be made by the Bank of such representation and the Bank's reasons for regarding them as inadequate. (v) The decision shall be communicated to the Union as well as to the employee concerned". In support of his contention, the petitioner has submitted a letter of the Regional Labour Commissioner Ajmer dated 24. 2. 1983, by which a certified copy of the letter dated 3. 1. 82 of the petitioner addressed as Secretary to the Assistant Labour Commissioner, Ajmer has been sent. The letter dated 3. 1. 1982 of the petitioner reads as understate Bank of India Jaipur - 302003 Dated 3. 1. 82 State of Bank of India Jaipur - 302 003 Dated 3. 1. 82 Ref. No. JP/4/82 To: The Asstt. Labour Commissioner (Central) 161/x, Civil Lines, Ajmer, Raj. Dear Sir, List of protected employees under Industrial Dispute Act and Shashtri Award. In terms of para 535 of Shashtri Award, we give below the list of office bearers of the Association duly elected by the members in their General Body meeting held on 3. 1. 1982 under the Chairmanship of Shri N. L. Khura-na, for the year 1981-83. President shri Banshi Lal Chouhan Vice President " Kalyan Singh Secretary " Narain Lal Sharma Joint Secretary " Gulab Chand Sharma Yours faithfully, Sd/- N. L. Sharma Secretary The respondent bank has vehemently opposed the petition and denied all the allegations. ;