State Bank Of India Staff Association v. Mohindra Bhattacharya
1991-10-09
KULDIP SINGH, RANGANATH MISRA, S.MOHAN
body1991
DigiLaw.ai
(1) SPECIAL leave granted. (2) HEARD learned counsel for the parties. (3) IN a suit for injunction filed under Order I, Rule 8 of the Code of Civil Procedure relating to the State Bank of India Staff Association, Calcutta a lot of events have happened which perhaps could have been avoided. Some of these avoidable aspects are related to courts orders and others are relatable to unnecessary bickering between groups in the Staff Association. (4) THE matter came before this court in 1990. After hearing the parties then before the court it was felt that though the suit was in a representative capacity, appropriate advertisement had not been made a and,, therefore, proceedings before the High court - Single Judge as also division bench - were not legitimate. One election appears to have taken place subsequent to the Division benchs order. The net effect of this courts direction was to wipe out that election. Another election has taken place subsequent to the High courts orders following the decision of this court. There is a lot of protest from the appellants about the latest election and one of the contentions is that they did not associate at all in the election on account of the fact that the proceedings in this Court were without notice to them. It is not possible for us to find out which election is to be sustained and which one has to be vacated. In course of the hearing, suggestions and counter-suggestions have been made and we have ultimately been told with some consensus at the Bar that the following directions can work out. (5) THE respondents who have last won in the election on the basis of a majority of more than half as alleged shall be allowed to be put into of- fice within one week from today. (6) A fresh election by secret ballot shall take place on or before De- cember 15, 1991. The voters list already prepared shall be taken as final. (7) THE court observers as directed by the division bench shall be called upon to be observers with the same duty as assigned to them by the Division bench. However, it would be open to the High court to utilise the services of new observers if it so chooses.
The voters list already prepared shall be taken as final. (7) THE court observers as directed by the division bench shall be called upon to be observers with the same duty as assigned to them by the Division bench. However, it would be open to the High court to utilise the services of new observers if it so chooses. (8) IN the event of the election ending up in a reversal of the election of the present respondents they shall hand over charge to the new office bearers within a fortnight from the date of the publication of the result. (9) THIS order of ours shall be taken as final as we are the view that it is not conducive to the interest of the employees of the Bank to keep fighting over their staff association and not attend to the customers. (10) THE appeals are disposed of accordingly. No costs.