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2000 Supreme(Mad) 803

R.JAYASIMHA BABU, FAKKIR MOHAMED IBRAHIM KALIFULLA
State Bank Staff Union, Madras Circle – Appellant
Versus
Union of India and Others – Respondent


Appearing Advocates:A. L. Somayaji, V. T. Gopalan, J. Madhanagopal, R. Krishnamurthy, R. Sreekrishnan, Advocates.

Judgment :-

R. JAYASIMHA BABU, J.

Petitioner has questioned the constitutional validity of the Banking Laws Amendment Act, 1984 (Central Act 64 of 1984), by which the State Bank of India Act, 1955, State Bank of India (Subsidiary Banks) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Acts, 1970 and 1980, were amended.

By that amending Act, a new Section 43-A comprising of three sub-sections (1), (2) and (3) was introduced in the State Bank of India Act, 1955. That Section reads as under :

"(1) No Officer, Adviser or other Employee (Other than an employee within the meaning of Clause (13) of Section 2 of the Payment of Bonus Act, 1965 (21 of 1965) of the State Bank shall be entitled to be paid any bonus.

(2) No employee of the State Bank, being an employee within the meaning of Clause (13) of Section 2 of the Payment of Bonus Act, 1965 (21 of 1965), shall be entitled to be paid any bonus except in accordance with the provisions of that Act.

(3) The provisions of this Section shall have effect notwithstanding any judgment, decree or order of any Court, Tribunal or other authority and notwithstanding anything contained in any other provision of this Act or in


















































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