Back
RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
All India Bank of Maharashtra, Employees Federation, (Through its General Secretary, Devidas S/o. Ramchandra Tuljapurkar) – Appellant
Versus
Bank of Maharashtra, (A Government of India Undertaking), Through its Managing Director – Respondent
JUDGMENT :
(Ravindra V. Ghuge, J.) :
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner before us is a trade union, which is undisputed. The Petitioner has put forth prayer clause (B), as under:-
i) the impugned Sub Clause (d) of the Clause 6 of the Employees Grievances Redressal Policy as approved by the Board of Directors of the Respondent Bank on 22nd November, 2019 and as Circulated by the Bank Administration on 30th November, 2019 vide letter No.AX1/ST/BM/Cir.93/2019-20, may please be quashed and set aside
AND
ii) the 1st Respondent-Bank may please be directed to delete the impugned Clause (d) of the Clause 6 of the said Employees Grievances Redressal Policy AND
(iii) further the 1st Respondent Bank may also please be directed to modify the said Policy to allow representation/participation of Office Bearers of the Petitioner-Federation (Recognized Union) who are retired employees of the 1st Respondent Bank.”
3. The Petitioner has challenged clause 6 of the Employees Grievance Redressal Policy of the Respondent bank, approved by it’s B
The court established that retired employees cannot be arbitrarily excluded from union representation in grievance redressal processes, affirming their rights under the Trade Unions Act and Industria....
The central legal point established in the judgment is the right of the members of a trade union to elect their office-bearers and the management's lack of authority to impose arbitrary restrictions ....
The Registrar of Trade Unions cannot impose restrictions contrary to the Trade Unions Act, allowing retired employees to serve as office bearers within stipulated limits.
There is no absolute right in favour of delinquent officer’s to be represented in departmental proceedings through agent of his choice and same can be restricted by employer – Only requirement is tha....
Recognised unions exclusively represent collective disputes under the Maharashtra Industrial Relations Act, prohibiting unrecognised unions from participation.
Trade unions have the constitutional right to self-governance, and employer-imposed restrictions on election processes are unconstitutional.
Voluntary Retirement Scheme employees cannot claim benefits of pay revisions post-separation, as acceptance of the scheme constitutes a waiver of rights to future wage adjustments.
The rights of representation under Sections 36(1) and (2) of the Industrial Disputes Act are unconditional and independent of the conditions in Section 36(4).
The ex-employees' right to seek wage revisions post-separation is contingent on valid representation and established claims, without which the Tribunal's award is invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
