I. D. B. I. Karmachari Sangh v. I. D. B. I. Bank Ltd.
2011-08-18
B.H.MARLAPALLE, NISHITA MHATRE
body2011
DigiLaw.ai
JUDGMENT : B.H. Marlapalle, Nishita Mhatre, JJ. 1. We have heard Mr. Vaidya, the learned Counsel for the petitioner. The petitioner claims to be a registered Trade Union under the Trade Unions Act, 1926. Its main grievance is the failure on the part of respondent Nos. 4 to 6 and their subordinates to undertake the verification of the petitioner union's membership qua the establishments of respondent No. 1 Bank, as per the Code of Discipline which has been brought into force on 1.6.1958. The learned Counsel appearing for respondent Nos. 4 to 6 has also placed before us a copy of the notification dated 19.11.2008 issued in exercise of the powers conferred by section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 and the first schedule to the said notification deals with the procedure for verification of membership of the trade unions operating in the nationalized banks and the same procedure would be followed for the verification of the petitioner's membership qua the respondent No. 1 Bank. 2. We therefore direct the Deputy Regional Labor Commissioner (Central) at Mumbai, to undertake the verification of the petitioner union's membership as per the procedure laid down in the notification dated 19.11.2008 and this exercise be completed as expeditiously as possible and in any case by 31.12.2011. 3. The petition is disposed off in terms of the above directions. 4. A copy of this order be forwarded to the Deputy Regional Labor Commissioner (Central), Shramraksha Bhavan, Shiv Srushti Road, Sion (E), Mumbai-400022.