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2009 Supreme(SC) 582

D.K.JAIN, R.M.LODHA
Bank of India – Appellant
Versus
K. Mohandas – Respondent


Advocates appeared:
A. Saran, ASG, T.L.V. Iyer, Bhaskar P. Gupta, C.S. Rajan, Dr. A.E. Chelliah, Dushyant Dave, raju Ramachandran, Dinesh Dwivedi, Shyam Divan, Sr. Advs., Ramesh Singh, Ms. Nina Gupta, Ms. Swigin George, Ms. Bina Gupta, Subramonium Prasad, Jagat Arora, Rajiv Nanda, Rajat Arora, Yashrah Singh Deora, Mohit Abraham, T.S. Sabarish for M/s. K.L. Mehta & Co., Sudarshan Rajan, Rana Mukherjee, Siddharth Gautam, Goodwill Indeevar, Abhijit Sengupta, P.V. Yogeswaran, C.K. Chandrasekhr, S.R. Setia, Makarand D. Adkar, Vijay Kumar, R.G. Londha, Vishwajit Singh, Vasant Kumari Chelliah, Dinesh Kumar Garg, Soumya Chakraborty, Dharam Bir Raj Vohra, K.N. Bhargava, G. Prakash, Saurabh Bhargava, Ms. Beena Prakash, Ramesh Singh, Ms. Nina Gupta, Ms. Tulika Mukherjee, Ms. Bina Gupta, C.K. Sasi, Dhruv Mehta, Mohit Abraham, Yashraj Singh doera, T.S. Sabarish for K.L. Mehta & Co., Braj Kishore Mishra, O.P. Gaggar, Arvind Verma, Ms. Malvika Trivedi, T. Mahipal, S.L. Aneja, Dinesh Verma, Rajat Sharma, S.L. Aneja, Dr. Kailash Chand, H.C. Arora, M.S. Vinaik, Ms. Vandana Sehgal, Rohan Thawani, Hardeep Singh Anand, Abhishek Atrey, D.K. Garg, Dr. Bheem Pratap Singh, Pramod B. Agrawala, Ms. Praveena Gautam, Abhishek Baid, P.P. Singh, V.K. Rao, Ms. Nidhi Bisaria, Ms. Madhu Sikari, Naveen R. Nath, Ms. Lalit Mohini Bhat, Ms. Anita Abraham, Pavan Kumar, Kunela Kumar, Prithvi Pal, Satyendra Kumar, Mohinder Singh, Satwant Singh, P.S.C. Paul, Ms. Sumita Bhardwaj, Advocates.

JUDGMENT

R.M. Lodha, J.—

Leave granted.

2. These sixteen appeals arise from the judgments of Punjab and Haryana High Court, Calcutta High Court and Kerala High Court and relate to different banks but since the common issues are involved, it is appropriate that these appeals are dealt with and disposed of by the common judgment.

3. In the month of May, 2000, Government of India, Ministry of Finance (Banking Division), advised the nationalized banks to carry out detailed manpower planning as these banks were found to have 25% of its manpower as surplus. A Human Resource Management Committee was constituted to examine the said issue and to suggest suitable remedial measures. The committee so constituted observed that high established cost and low productivity in public sector banks affect their profitability and it was necessary for these banks to convert their human resources into assets compatible with business strategies. Inter alia, the committee placed the draft Voluntary Retirement Scheme with the Central Government that would assist the banks in their efforts to optimize their human resources and achieve a balanced age and skills profile in keeping with their business strategie




























































































































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