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1989 Supreme(All) 81

U.C.SRIVASTAVA, S.H.A.RAZA
RAGHAVENDRA MATHUR – Appellant
Versus
ALLAHABAD BANK – Respondent


Advocates Appeared:
ANIL KUMAR, Ashish Narain Trivedi, ASIT KUMAR CHATURVEDI

S. H. A. RAZA, J.

( 1 ) THIS writ petition is directed against the impugned order dated 5th December, 1988 by means of which the petitioner who is employed as Clerk in Allahabad Bank, Lucknow was transferred to Allahabad Bank, Branch Gonda in a newly established branch of the said bank. The new grounds upon which the transfer has been passed are in contravention of Para 534 of the Shastri award dealing with the transfer policy of transferring an employee working in the said bank as well as the guideline, dated June 11, 1988 on transfer job rotation of Award Staff adopted by the said bank.

( 2 ) THERE is no dispute that banks are entitled to transfer its staff on the exigencies of the service from one particular branch to another and the Management is in the best position to judge how to transfer its staff between different branches, but it has to be seen whether the impugned order of transfer is in conformity with the policy regarding transfer which has been agreed upon by the parties and which was subject to the Shastri Award. It is provided in Para 536 of the said Award that in all cases the number of transfers to which a workman is subjected should be strictly limited and normal















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