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2014 Supreme(All) 3580
ALLAHABAD HIGH COURT
Rakesh Tiwari, Akhtar Husain Khan, JJ.
V.K. Gupta - Appellant
Versus
Union of India - Respondent
C.M.W.P. No. 10086 of 2001
Decided On : 29-08-2014
For the Appellant : B.B. Jauhari, Janardan Sahai, S.P. Singh and Vinod Sinha
For the Respondents: S.S.C., Satish Chaturvedi, Subhodh Kumar and Vipin Sinha
The court emphasized the availability of an alternative and efficacious remedy under the Industrial Disputes Act for employment disputes.
Headnote:
Salary Fixation - Employment Dispute - Industrial Disputes Act, 1947, Section 2(a), Section 2(bb)
Fact of the Case:
The petitioners sought writ orders to fix their rank and seniority similar to State Bank of India officers, credit provident fund amounts, release salary arrears, and other reliefs after the amalgamation of Kashi Nath Seth Bank Limited with State Bank of India.
Finding of the Court:
The court dismissed the writ petition, stating that the matter of pay fixation and seniority could be considered before the Labour Court under the Industrial Disputes Act, and the petitioners had an alternative and efficacious remedy.
Issues: The main issue was the availability of an alternative and efficacious remedy under the Industrial Disputes Act for the petitioners' claims.
Ratio Decidendi: The court held that the question of pay fixation and seniority could be considered before the Labour Court under the Industrial Disputes Act, and the petitioners had an alternative and efficacious remedy.
Final Decision: The writ petition was dismissed, with the direction for the petitioners to approach the Regional Conciliation Officer for referral to the competent Labour Court-cum-Industrial Tribunal for a decision and award.
Rakesh Tiwari and Akhtar Husain Khan, JJ.
1. Heard Sri B.B. Jauhari, learned Counsel for the petitioners, Sri Satish Chaturvedi, appearing for respondents and perused the record. This writ petition is preferred for the following reliefs:
"(i) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to fix the rank and seniority of petitioners similar to those of officers of the State Bank of India w.e.f. 1.1.1996 and not to reduce their service length and rank and petitioners be treated at par with the officers of the State Bank of India treating the respective date of joining in KNSB Ltd. similar to that in the State Bank of India;
(ii) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to credit the amount of provident fund of petitioners alongwith its interest in the respective accounts of petitioners;
(iii) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to release the arrears of salary including computer increment as per the 6th wage revision;
(iiia) issue a suitable writ order or direction in the nature of mandamus commanding the respondents to issue orders for payment of State Bank of India package allowance known as Special Compensatory Allowance (which is being paid to the officers who have joined their service prior to 1.11.1993 in State Bank of India) to the petitioners;
(iiib) issue a writ order or direction in the nature of certiorari quashing the order dated 17.6.2002 passed by respondent No. 2 which has been communicated through letter dated 21.6.2002 and has been annexed as Annexure No. S.A.-1 with the supplementary-affidavit;
(iv) issue any other writ order of direction to which this Hon'ble Court may deem fit and proper in the circumstances of the case;
(v) award cost of the petition to the petitioners;"
2. The reliefs claimed by the petitioners are in the backdrop that Kashi Nath Seth Bank Limited, hereinafter referred to as 'KNSBL' was a Banking Company duly licensed by the Reserve Bank of India. It was amalgamated with the State Bank of India. After amalgamation, employees/officers of State Bank of India and their seniority etc. was to be fixed in terms of Chapter V of Notification No. S.O.-1010(E) dated 31.12.1995 published in the extra-ordinary gazette of India. Proviso 2 Clause (iii) of said notification is quoted below for ready reference:
"Provided that if any doubt or difference arises as to whether the qualification or experience of any of the said employees are the same as or equivalent to the qualification and experience of the other employees of corresponding rank of status of the transferee bank or as to procedure or principles to be adopted for the fixation of the pay of the employees in the scales of pay of the transferee bank the doubt or difference shall be referred to the Reserved Bank of India whose decision thereon shall be final."
3. It appears that after amalgamation of KNSBL, the petitioners requested the management of the State Bank of India and All India State Bank Officers Federation, Bangalore to settle the matter of fixation of their salary and seniority as claimed by them in the writ petition. The question of salary and seniority were initially not fixed, but considered later on reducing their seniority for every completed 2 years of service in KNSBL by making it equivalent to one year's service in the State Bank of India. The grade of the officers was also reduced by one grade. It is in this backdrop that aggrieved, erstwhile employees of KNSBL who have preferred this writ petition claiming reliefs, aforesaid.
4. At the outset, a preliminary objection has been raised by Sri Satish Chaturvedi, learned Counsel for the respondent that fixation of salary after amalgamation and other various reliefs claimed by the petitioners do require decision of the facts on basis of documentary and oral evidence which is neither available on record nor is feasible before thi
