LexSTATE BANK OF INDIA STAFF ASSOCIATION versus STATE BANK OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
c
STATE BANK OF INDIA STAFF ASSOCIATION
v.
STATE BANK OF INDIA AND ORS.
APRIL 3, 1996
IKULDIP SINGH AND FAIZAN UDDIN, JJ.]
Labour Law :
Trade Unions Act, 1926: Sections 6(e) and 22.
Negotiation M-'it/z 111anagen1ent--Ordb1a1y or te1npora1y nte111ber ceased
to be in the employmellt of concemed indust1y-Held : Neither entitled to
negotiate with 111anagen1ent nor the n1anagen1e11t under an obligation to
negotiate with such n1en1ber-A.n honora.ry/tentporary ntenzber or a private
individual not entitled to represe/lt workmen under S.36(1) read with S.3 of
D the ID Act in respect of matters stated in S.3(2rFwther provisions of both
Acts have to be hannonised-lndustrial Disputes Act, 1947, Ss. 3 and 36(lr
Intepretation of Statutes.
E
F
State Bank of India Staff Association Rules
Rules 5, 6, 9 and
14(a)(ix).
Membership-Discontinuation of-Ordinary member elected as
General Secreta1y and subsequently retired on superannuation-Thereafter
not elected as honorwy or temporary membC1-Status of-Held: Such a
person lost his status as ordina1y member as well as General Secretary--
Hence, cannot claini a 1ight to negotiate with 111anage111ent as a representative
of the Association
Rules 5 and {r--{)rdinary member-Retired on superannuation-Sub-
sequently elected as lwnormy member on basis of resolution passed in Circle
General Council approved by Central Committee-Validity of-Held : No
1nate1ial has been placed on record to show that there was any such resolu-
G
tio1t-Fu1the1~ the alleged resolution was in respect of a non-existing 1natter
as the person conce111ed retired subsequent to the date of approval--Hence,
election as honora1y nieniber invalid.
Rules 14(a)(ix) a11d 38---Genera!Counci/--T1ie1111ial meeting of-Such
meeting was called after expiry' of pC1iod presc1ibed i11 R.38(a) without
H obtaining approval of Registrar of Trade Unions-Validity of-Held : Not a
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STATE BANK OF INDIA ASSN. v. STATE BANK OF INDIA
1105
valid rneeting-HencC, election of General Secreta1y1 in that 111eeting also A
invalid.
Rules /4(a)(ix) and 42-Ceneral Counci/-T1iennial meeting of-Such
n1eeting i.vas convened beyond JJl'esc1ibed ti111e-tin1it under R.42 without ap-
proval of Central Committee-Validity of-Held : Not a valid meeting--
Hence, election of General Secreta1y in that n1eeting, vitiated.
B
All-India State Bank of India Staff Federation Rules : Rules I (d), 2(b)
& (e)(iv), 8, 20(g) and 21-Affiliated association-Representation of-By an
ex-employel-He/d: Not pennissib/e Constitution of India, 1950: A1ticles 32
and 226.
Second wlit petition-Maintainability of-First Ji/lit petition disniissed
as withdrawn without pennission to file a ji"esh petition for the same
relief-Question left open.
c
Appellant No.2 was elected as the General Secretary of the Staff
Association in the Circle General Body Meeting of the Staff Association D
held on 16-10-1994 for a period of three years in accordance with the
byelaws and Constitution of the Staff Association. The said election of the
appellant No. 2 as General Secretary was further confirmed by the Central
Committee on 1-11-1994. Thus appellant No. 2 had a legitimate right to
represent the Staff Association, Appellant No. 1 and workmen employees E
of the Circle Management. In the meanwhile appellant No. 2 had retired
from the service of the respondent-Bank on 31-1-1975 on attaining the age
of superannuation. Thereupon the respondent-Bank refused to negotiate
with appellant No. 2 on any matter of the Union/Association since appellant
No. 2 had already retired from the service of the Bank.
Being aggrieved the appellants filed a writ petition before the High
Court challenging the aforesaid refusal of the respondent-Bank. The High
Court dismissed the writ petition on the ground that the same was not
maintainable as the earlier petition was dismissed as withdrawn without
permission to file a fresh petition for the same relief'. Hence this appeal.
On behalf of the appellants it was contended that even though appel·
lant No. 2 had retired from the service of the respondent-Baqk on attaining
the age of superannuation yet he is entitled to continue as General
Secretary of the Staff Association and represent the Union and its members
F
G
in the negotiation with the Management in terms of Section 6(e) read with H
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SUPREME COURT REPORTS
(1996] 3 S.C.R.
A Section 22 of the Trade Union Act, 1926 and Section 36(1) of the Industrial
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