NDLI: Fed. of Bank of India Staff Unions & Anr. Vs. Union of India & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India Art.14 1947 Industrial Disputes Act s.2(s) The Nationalized Banks (Management and Miscellaneous provisions) Scheme 1970
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Trade Unions Act, 1926 (16 of 1926) Industrial Disputes Act, 1947 (14 of 1947) Banking Companies (acquisition and Transfer of Undertakings) Act (5 of 1970)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	The Nationalized Banks (Management and Miscellaneous provisions) Scheme, 1970 – Appellant No.1 is the association of various Staff Unions of the employees working in the Respondent No.2-Bank – 1970 Scheme framed under the Banking Act – s.9(3)of the Banking Act provides for composition of Board of Directors as to who can be nominated as Directors in the Board of Directors– Clause (a) to (i) of s.9(3), Banking Act sets out various categories from which one Director from each of such categories is nominated in the Board of Directors – Clause(e) deals with category of workman/employee Director whereas clause(f) deals with category of officer/employee Director – Clause 3(2)(iii) of the Scheme deals with disqualification of workman/employee for being nominated as Director – Respondent no.2 called upon the appellants to furnish panel of three workers/employees for being nominated as Director–Appellants sent panel of three names vide letter dtd. 08.06.09 –Rejected vide letter dtd. 10.10.2009 – Appellants filed writ petition in the High Court for quashing letter dtd. 10.10.2009 and declaration that Cl.3 (2) (iii) of the Scheme, be struck down as being ultra vires the Constitution – Dismissed – On appeal, held: So far as the challenge to letter dtd. 10.10.2009 and enforcement of appellants’ letter dtd. 08.06.2009, i.e. (Relief Nos.(a) & (b) in the writ petition) is concerned, both the reliefs are rendered infructuous as employees/workers whose names were recommended in letter dtd .08.06.2009 have retired long back – Further, it would be clear from Clauses (e) & (f) of s.9(3) of the Banking Act that both the categories of employees are different – One is worker/employee category and the other is officer/employee category – It is for the legislature to decide as to what qualifications/disqualifications be prescribed for various categories of the employees for their nomination on the post of Director – Worker is governed by 1947 Act whereas the officer is governed by separate service rules – Both these categories of employees cannot be equated with each other, nor can be placed at par for providing equal qualification or/and disqualification for their nomination – Art.14 applies inter se two equals and not inter se unequals – Present case falls under the latter category – High Court rightly dismissed the appellants’ writ petition, upholding Clause 3(2)(iii) of the Scheme as legal – Trade Unions Act, 1926– Banking Companies(Acquisition and Transfer of Undertakings) Act, 1970/1980 – Industrial Disputes Act, 1947 – s.2(s) – Constitution of India– Art.14.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 300
Petitioner	Fed. Of Bank Of India Staff Unions & Anr.
Respondent	Union Of India & Anr
SCR	[2019] 4 S.C.R. 135
Judgement Date	2019-03-01
Case Number	5570

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