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2010 Supreme(Bom) 1128

P.B.MAJMUDAR, R.M.SAVANT
Bank of Maharashtra Officers Association, Mumbai – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr. J P Cama, Senior Counsel, a/w Smt. Neha Mehta i/by
Mr. K P Anilkumar for the Petitioner.
Mr. Y S Bhate with Mr. D.A. Dubey with Mr. N R Prajapati i/by
Mr. Pankaj Kapoor for the Respondent No.1UOI
None for Respondent No.2. Mr. Girish Kulkarni i/by
M G Kulkarni for Respondent Nos. 3 and 4. None for Respondent No.5.
Mr. Jaydeep Mitra i/by Mr. G S Godbole for Respondent No.6.

JUDGMENT :

[R.M. SAVANT, J]:- The issue involved in the instant Petition is as regards the nomination of a Officer Director on the Board of Directors of the Respondent No.3 Bank. The Petitioner, which is a Trade Union representating employees of the officers cadre in the Respondent No.3Bank, has inter alia prayed for the following reliefs :

A) This Hon'ble Court may be pleased to declare that the Scheme promulgated by the Government of India vide Notification dt. 17.10.2000 in respect of the verification of membership of officers for appointment of non workman employee Director is ultra vires the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and Nationalised Banks (Management and Miscellaneous) scheme, 1970 and 1980 hence null and void.

B) This Hon'ble Court may be pleased to grant a Writ of Mandamus or a Writ in the name of Mandamus or another appropriate Writ, direction or Order under Art.226 of the Constitution of India and direct the First Respondent Union of India to frame a fresh Scheme in consultation with the Second Respondent Reserve Bank of India in accordance with law"

2. In view of the fact that pursuant to the scheme mentioned in the prayer claus



















































































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