Srinivasan J.

The question which arises for consideration in this petition was whether the 2nd respondent who was working as Cashier-cum-Godown-Keeper in Addison Buildings Branch of Central Bank of India, Madras, was transferred to Madurai Division for administrative reasons or on exigencies of the management or on his request. The question is obviously one of fact depending on the facts and circumstances of the case. But, it has been projected by learned counsel for the writ petitioner as one of law, which will have to depend upon the terms of the settlement between the Central Bank of India, Personnel Department and the Recognised Majority Union of the All India Central Bank Employees' Federation on 15th June 1974.

2. The said settlement is marked as Ex. M. 10; in these proceedings, Paragraph 4 of the settlement deals with the question of transfer of an employee. According to the said paragraph, the transfer cannot be claimed by an employee as a matter of right, but, the Management, however, agrees to consider transfers on request from the employees on certain terms and conditions. It is sufficient for the purpose of this case to refer to some of the conditions therein.