S.C. Dharmadhikari, J.

By this Writ Petition under Article 226 of the Constitution of India the Petitioner is seeking the following two reliefs:-

"(b) That this Hon'ble Court may be pleased to direct by Writ of Mandamus/any other Appropriate Writ/Order/Direction, directing the Respondent No.1 and 2 to quash and set aside the Circular IDBI Bank/2009-10/118/HR/HR-30 dated July 31, 2009 relating to reduction of Sick Leave from 540 days to 360 days, the order of arbitrarily cancellation of accumulated sick leave of 180 days and direct the Respondent Nos.1 and 2 to reinstate/credit the cancelled Sick Leave of 180 days in the Leave Accounts of the adversely affected officers with retrospective effect.

(c) That this Hon'ble court may be pleased to direct by Writ of Mandamus/any other Appropriate Writ/Order/Direction, directing the Respondent No.1 and 2 to compensate the cancelled Sick Leave of 180 days by granting monetary benefits to the adversely affected retired/resigned officers with all the consequential benefits as applicable to all of them with retrospective effect."

2. Petitioner No.1 is an Association of the Scheduled Caste, Scheduled Tribe, Nav-Buddhist and Other Backward Class officers. The Petitioner association was registered as a Society under the Societies Registration Act, 1860 and equally the Bombay Public Trust Act, 1950. Mr. R. S. Mane is the Vice President of this Petitioner Association and duly authorised to file the Writ Petition.

3. 1st Respondent before us is the Industrial Development Bank of India ("IDBI" for short). It is claimed that it is "Other Public Sector Bank" registered under the Indian Companies Act, 1956. The Union of India through its Ministry of Finance holds more than 51% shares in 1st Respondent Bank. Thus, there is all pervasive control and supervision of Union of India over the affairs of 1st Respondent Bank. It is a "State" within the meaning of Article 12 of the Constitution of India. The IDBI bank performs a public function. Even when it recruits, appoints and deals with its employees particularly of the officer grade, it performs a duty. That is a public duty. In such circumstances, all the Respondents are amenable to the writ jurisdiction of this Court.

4. The Writ Petition projects the grievance of this Association particularly of reduction of the duration of sick leave from the initial 540 days to 360 days. The reduction by 180 days is termed as unilateral, wholly arbitrary and equally illegal.

5. The Petitioner refers to a Circular issued by IDBI on harmonization of leave rules.

6. Inviting our attention to this Circular dated 31st July, 2009, copy of which is at Annexure-A to the Writ Petition page 20 of the paper book, it is urged that the Petitioner is aggrieved and dissatisfied only with the decision of the bank in revising and harmonizing sick leave.

7. The Association requested the bank to withdraw this Circular to the extent duly indicated therein by its Communication dated 11th and 16th September, 2009.

8. It is submitted that 1st Respondent Bank addressed a letter dated 3rd October, 2009 advising the Petitioner that the Board of IDBI Bank Ltd at its meeting held on 23rd May, 2009 had approved certain changes to the leave rules, as applicable to the officers of e-IDBI in terms of relevant provisions of officers Service Rules, 2006 and it is that decision which has been circulated by two Circulars dated 31st July, 2009 and 29th August, 2009. The modified rules have already been implemented by the Bank. That is why it cannot accede or accept the Petitioner's request. The All India IDBI officers' Association's letter dated 5th September, 2009 is relied upon to submit that the minutes in respect of the above issues which were discussed at the meeting held on 23rd May, 2009 have not been confirmed by the Board at its subsequent meetings held on 15th July, 2009 and August 28, 2009.

9. The Petitioner took up the matter of this alleged arbitrary cancellation/reduction of the sick leav