Retired bank employees can represent union: HC
By K.T.SANGAMESWARAN
The Madras High Court has held that two retired employees of a nationalised bank are entitled to participate in negotiations and discussions pertaining to employer-employee relations with the bank management.
The First Bench comprising the Chief Justice R.K.Agrawal and Justice M.Sathyanarayanan passed the judgment on a writ appeal by L.Balasubramanian and S.Srinivasan.
Originally, a writ petition was filed by one S.Valaiyapathy, an employee of the Indian Overseas Bank, seeking to restrain the management from permitting Mr.Balasubramanian and Mr.Srinivasan, who were office-bearers of the All India Overseas Bank Employees Union, a recognised union, from participating in negotiations and discussions in matters relating to employer-employee relations.
The petitioner said as per the Code of Discipline entered into between the management and the union, membership of the union was restricted only to employees. Office-bearers should also be employees.
A single Judge allowed the petition. Hence, the present appeal by the two.
A.L.Somaiyaji, senior counsel appearing for the appellants, said the code had no statutory force. Neither the management nor the union had followed or complied with it.
Allowing the appeal, the Bench said the union at its general council meeting in July 2010 had unanimously conferred the appellants with honorary membership for the purpose of being elected to the national executive retrospectively from the date of their superannuation.
The Trade Unions Act as well as the amended bye-law enabled the appellants to represent the union in the negotiations.
Hence, the two who were office-bearers, could represent the union and they were entitled to participate in the negotiations and discussions with the bank management.
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