N. RAJAGOPALA AYYANGAR, S. R. DASS, A. K. SARKAR, J. R. MUDHOLKAR, B. P. SINHA
All India Bank Employees Association: State Bank Of India: Attorney General For India – Appellant
Versus
National Industrial Tribunal (Bank Disputes) – Respondent
Judgment
AYYANGAR, J. : Civil Appeal No. 154 of 1961 has been filed on special leave obtained from this Court against an order of K. T. Desai, J., functioning as the National Industrial Tribunal (Banks Disputes) Bombay dated October 31, 1960. The point arising for decision in the appeal is as regards the constitutional validity of S. 34A of the Banking Companies Act, 1949 which was enacted on August 26, 1960 as an amendment to the patent Act (Act X of 1949), The appellant before this Court is the All India Bank Employees Association which is a trade union organization of Bank Employees of several banks operating in India. The Punjab National Bank Employees Union, which is a trade union with similar objects has been permitted to intervene in this appeal in support of the appellant union. The three other Writ Petitions are by other Bank Employees Unions whose description would be apparent from the cause title and all these cases have been heard together because in the writ petitions also the point raised is identical, viz., the validity of S. 34A of the Banking Companies Act, which will be referred to hereafter as the impugned provision.
2. Section 34A whose validity is the matter in
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