Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | banking |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Banking Regulation Act (10 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Banking Regulation Act, 1949: Section 45-Amalgamation of banks-Scheme of amalgamation- Conditions of service in respect of employees continued after amalgamation-Age -of superannuation- Whether to be the same as was available in transferor Bank or whether to be at par with the employees of same rank or status in the transferee Bank. Respondent No. 1 who was a Banking Officer in the Reserve Bank of India applied for the post of Assistant General Manager in Lakshmi Commercial Bank. He was selected for the said post and he joined in March 1983. In 1985 on an application made by the Reserve Bank under Section 45(1) of the Banking Regulation Act, 1949, the Central Government passed an order of moratorium under Section 45(2) of the said Act, in respect of Lakshmi Commercial Bank and it came to be amalgamated with Canara bank. The services of the employees of Lakshmi Commercial Bank were continued with Canara Bank, and respondent No. 1 was fitted in the post of Divisional Manger in Canara Bank. He claimed that he should be fitted against a higher post by virtue of his position as Assistant General Manager in Lakshmi Commercial Bank. He also claimed that he was entitled to continue in service till he attained the age of 60 years which was the age of superannuation in Lakshmi Commercial Bank. His representations were rejected by the petitioner Bank and the Reserve Bank. Thereafter respondent No. 1 filed a writ petition before the High Court claiming the relief that he should be allowed to continue in service till he attains the age of 60 years. The High Court allowed the Writ Petition. Aggrieved against the High Court's order, the petitioner-bank has preferred this appeal by special leave.The appellant-bank contended that on the basis of Section 45 of the Banking Regulation Act, 1949 and the consequent amalgamation of Lakshmi Commercial Bank with Canara bank, the service conditions under Lakshmi Commercial Bank would not be available to the respondent No. 1; and that the terms and conditions of service applicable to employees of corresponding rank and status in Canara Bank would only apply. |
Judge | Honble Mr. Justice J.S. Verma |
Neutral Citation | 1992 INSC 65 |
Petitioner | Chairman, Canara Bank, Bangalore |
Respondent | M. S. Jasra And Ors. |
SCR | [1992] 2 S.C.R. 68 |
Judgement Date | 1992-03-06 |
Case Number | 1054 |
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