JUDGMENT

THOMMEN, J. :— The first petitioner is a registered Central Trade Union claiming to represent about -85 per cent of the officers working in the various nationalised banks. Petitioners 2 and 4 are principal office-bearers of the first petitioner and are officers of different nationalised banks. They are aggrieved by Circular dated 23-8-1982 (Annexure-A) issued by the Joint Secretary to the Government of India, Ministry of Finance, Department of Economic Affairs, -(Banking Division), New Delhi. They contend that the circular is contrary to the mandate of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act No. 5 of 1970) (hereinafter referred to as the Act) and the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980 (hereinafter referred to as the Scheme). They further contend that Cl. 3 of the Scheme in terms of which the circular is purported to have been issued is ultra vires S. 9 of the Act unless the said clause is so read as to be in harmony with the section, and when so read the said clause does not justify or support the impugned circular. The petitioners, therefore, seek a writ of mandamus to direct the Central Govern