Bank of India SC/ST Welfare Organisation vs Zonal Manager, Bank of India, Zonal Office, A.P. Zone, Hyderabad and another

There is a contest between the petitioner union and the second respondent union about their right to represent the employees serving in the first respondent -Bank and belonging to S.C., S.T. and OBCs. . It appears that as per the revised guidelines issued by the Head Office of the Bank, quarterly meetings are required to be held with the Association representing the majority members of S.C./S.T./OBCs. employees in the zone. According to the petitioner''s union, it has the support of the majority of employees belonging to S.C., S.T. and OBCs. whereas according to the second respondent union it enjoys the majority support from the employees belonging to S.C., S.T. and OBCs.

In this writ petition, the proceedings of the Zonal Manager, Bank of India dated 6-9-1997 informing the General Secretary of the second respondent union that the appropriate authority in the Bank administration has decided to accord recognition to the second respondent union at the zonal level. The petitioner has sought for a writ in the nature of writ of Mandamus declaring the afore-mentioned action of the first respondent in recognising the second respondent union as illegal and contrary to the guidelines issued by the Head Office of the Bank of India.

The second respondent has filed counter.

Having heard the learned Counsel for the parties and perusing the pleadings filed in the writ petition, it was noticed that till date the first respondent has not taken any steps nor determined as to between the two associations - unions, which of the union enjoys the support of the majority of the employees belonging to S.C./S.T./OBCs. . In terms of guidelines, only that association of S.C./S.T./ OBCs. which enjoys the support of the majority of the employees in a zone will be entitled to recognition for participation in the quarterly meetings. Unless that determination is made the first respondent cannot pick and choose one of the rival union for that purpose and if he is permitted to do so, that would violate the guidelines issued by the Head Office of the Bank of India.

In that view of the matter, I dispose of the writ petition directing the first respondent in the first instance to conduct verification to find out whether the petitioner union or the second respondent union enjoys the support of majority of the employees belonging to S.C., S.T. and OBCs. within a period of one month from the date of receipt of a copy of this order, and depending upon the outcome of such verification, to recognise that union which enjoys the support of the majority of the employees belonging to S.C., S.T., and OBCs. for the purpose of participation in the quarterly meetings. Until this exercise is carried out, if there is any need for the first respondent to consult the union representing S.Cs and S.Ts and OBCs., the first respondent shall call and consult the General Secretaries of both, the petitioner union and the respondent union. No costs.