Advocates:
['M/S M MUTHUPANDIAN', '', 'G MUTHARASU', 'P JEBARAJ MUTHURATHINAM', 'M/S N V S &ASSOCIATES', '', 'FOR R TO R', 'M/S SUDHARSHANA SUNDER']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04-12-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.20474 of 2013

V.Janakiraman

..Petitioner

-vs-

1.IDBI Bank Ltd.,

IDBI Tower,

WTC Complex,

Cuffe Parade,

Mumbai-400 005.

2.The Chairman and Managing Director,

IDBI Bank Ltd.,

IDBI Tower,

WTC Complex,

Cuffe Parade,

Mumbai-400 005.

3.The Chief General Manager,

Human Resources Department,

IDBI Bank Ltd.,

IDBI Tower,

WTC Complex,

Cuffe Parade,

Mumbai-400 005.

4.The Union of India Represented by

the Secretary to the Government,

Ministry of Finance,

Department of Financial Services,

Banking Division,

Jeevan Deep Building,

No.10, Parliament Street,

New Delhi.

..Respondents

Writ Petition is filed under Article 226 of the Constitution

of India, praying for the issuance of a Writ of Mandamus,

directing the respondents to adopt the uniform formula in

respect of D.A., stagnation increments and leave encashment

applicable to the Banking Industry/RBI, accordingly refix the

pay and pension of the petitioner and pay the arrears.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner - Mr.R.Yashodvardhan,

Senior Counsel for Mr.M.Muthupandian.

For Respondents 1to3- Mr.N.V.Srinivasan and Mr.Varun

Srinivasan for M/s.N.V.S and

Associates.

For Respondent-4 - No Appearance

ORDER

The relief sought for in this writ petition is for a

direction to direct the respondents to adopt the uniform formula

in respect of D.A., stagnation increments and leave encashment

applicable to the Banking Industry/RBI and accordingly, re-fix

the pay and pension of the writ petitioner and pay the arrears.

2. The learned Senior Counsel, appearing on behalf of the

writ petitioner, raised a concern with regard to the restriction

of service protection provided by the respondents at the time of

merger of the IDBI as IDBI Bank Limited. The Industrial

Development Bank (Transfer of Undertaking and Repeal Act) 2003

was enacted on 30^th December 2003. Clause 5 of the said Act

denotes the provisions in respect of Officers and other

employees of the Development Bank and the said Clause 5(1) reads

as under:-

“(1) Every officer or other employee of

the Development Bank (except a director of the

Board or the chairman and managing director or

any whole-time director) serving in the

employment immediately before the appointed

day shall, in so far as such officer or other

employee is employed in connection with the

undertaking which has vested in the Company by

virtue of this Act, become, as from the

appointed day, an officer or, as the case may

be, other employee of the Company and shall

hold his office or service therein by the same

tenure, at the same remuneration, upon the

same terms and conditions, with the same

obligations and with the same rights and

privileges as to leave, leave fare concession,

welfare scheme, medical benefit scheme,

insurance, provident fund, other funds,

retirement, voluntary retirement, gratuity and

other benefits as he would have held under the

Development Bank if its undertaking had not

vested in the Company and shall continue to do

https://hcservices.ecourts.gov.in/hcservices/

so as an officer or, as the case may be, other

employee of the Company or until the expiry of

a period of six months from the appointed day,

if such officer or other employee opts not to

continue to be the officer or other employee

of the Company within such period.”

3. The learned Senior Counsel, appearing on behalf of the

writ petitioner, is of the opinion that the rights and

privileges as to leave, leave fare concession, welfare scheme,

medical benefit scheme, insurance, provident fund, other funds,

retirement, voluntary retirement, gratuity and ot