SUPREME COURT RULES - RETIRED UNION MEMBERS CAN JOIN TALKS WITH MANAGEMENT
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The Supreme Court on Saturday refused to interfere with a Madras High Court verdict that retired office-bearers of a company’s trade union can participate in bilateral talks with the firm’s management.
A Bench of Justices Dipak Misra and V. Gopala Gowda dismissed a special leave petition filed by S. Valayapathi. an employee of Indian Overseas Bank.
Earlier, a single Judge of the High Court had, acting on a petition from Mr. Valaiyapathi, restrained the IOB management from permitting Mr. L. Balasubramanian and S. Srinivasan — respectively former president and former secretary of the All India Overseas Bank Employees’ Union (AIOBEU) — from taking part in any talks on the grounds that they had retired from service..
( Writ petition .No.23609 of 2013 filed under Article 226 of the Constitution of India by S.Valayapati,IOB,before Hon.High Court,Chennai, for issuance of writ of mandamus, to forbear the first respondent-Bank from permitting the respondents 3 and 4 to participate in the negotiations and discussions with the Bank-Management in respect of any matter pertaining to employer-employee relations of the Bank.
The contention of the petitioner was that the Code of Discipline was entered into between the first respondent-Bank and All India Overseas Bank Employees' Union on 05.10.1964. As per the said Code of Discipline, only those members, who are in service of the first respondent-Bank alone are entitled to be office-bearers of All India Overseas Bank Employees' Union, whereas, the respondents 3 and 4 are President and Secretary of the Union, who retired on 30.06.2012 and 31.03.2012 respectively and therefore, they cannot remain as office-bearers of the Union and they cannot negotiate with the first respondent-Bank Management.
The writ petition was allowed by Hon.Justice. N.Kirumpakaran,on 11.10.2003, forbearing the first respondent-Bank from permitting the respondents 3 and 4 who are retired employees of first respondent bank to participate in the negotiations and discussions with the Bank-Management in respect of any matter pertaining to employer-employee relations of the first respondent Bank.)
On appeal, however, a Division Bench of the High Court, quoting a bye-law of the AIOBEU providing for membership to outsiders, had ruled that Mr. Balasubramanian and Mr. Srinivasan were entitled to participate in negotiations with the bank management.
The Bench pointed out that the union had, in its General Council meeting of July 2010, unanimously conferred honorary membership on the two appellants for being elected to the National Executive after their superannuation.
Mr. Valaiyapathi’s SLP was directed against this order, which the apex court has dismissed, affirming the Division Bench’s ruling.
