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2023 Supreme(All) 1352

PRASHANT KUMAR
United Forum of We Bankers – Appellant
Versus
Central Government Industrial Tribunal – Respondent


Advocates Appeared:
For the Petitioners: Ashutosh Sharma.
For the Respondents: Sunil Kumar Misra.

JUDGMENT :

(Prashant Kumar, J.)

1. This writ petition has been filed by an employee of a bank challenging his transfer order from Kanpur to Hardoi.

2. The brief facts of the case are that petitioner no.1 is an Employees’ Union and petitioner no.2 is an employee of the bank and also an office bearer of the petitioner-Union. Petitioner no.2 had joined the bank on 18.7.2013 in the clerical cadre and was first posted at Hardoi. After completing two years, on 30.7.2015 he was transferred to Kaushalpuri Branch in District-Kanpur. While being posted at Kanpur, he became the General Secretary of the petitioner-Union.

3. On 28.1.2021, petitioner no.2 was transferred from Kaushalpuri Branch to G.T.B. Marg Branch in the same district i.e. Kanpur. Immediately on his transfer, a notice for strike, under Section 20 of ‘The Industrial Disputes Act, 1947’ (for the sake of brevity, hereinafter referred to as ‘the Act’), was given by the petitioner-Union, which culminated into conciliation proceeding by the Conciliation Officer. The Management of the Bank appeared in the conciliation proceeding wherein they agreed to consider the demand of the Union raised before the competent authority under the Indus

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