Case Note & Summary
The petitioner, All India Bank of Maharashtra Employees Federation, a recognized trade union, challenged Clause 6(d) of the Employees Grievances Redressal Policy approved by the Bank of Maharashtra's Board on 22 November 2019 and circulated on 30 November 2019. The impugned clause prohibited retired employees who were elected office bearers of the union from participating in the meetings of the grievance redressal committee, allowing only in-service office bearers. The union argued that this policy infringed upon the rights of its members to elect their representatives and was contrary to the Trade Unions Act, 1926. The petitioner relied on a Calcutta High Court judgment in UCO Bank v. All India UCO Bank Officers Federation, which held a similar policy arbitrary. The respondents, the Bank of Maharashtra and the Union of India, defended the policy on grounds that only serving employees could best represent serving employees. The court, after hearing submissions, found that the policy was inconsistent with the Trade Unions Act, 1926, and the union's constitution, which did not prohibit retired employees from being office bearers. The court held that the policy infringed upon the democratic right of union members to elect their representatives and that the management could not impose such restrictions. The court quashed Clause 6(d) and directed the bank to allow retired elected office bearers to participate in grievance redressal committee meetings.
Headnote
A) Trade Union Law - Right to Elect Office Bearers - Clause 6(d) of Grievance Redressal Policy - Trade Unions Act, 1926, Section 22 - The policy barring retired elected office bearers from participating in grievance redressal committee meetings was held arbitrary as it infringes the right of union members to elect their representatives and is inconsistent with the Act. (Paras 1-10) B) Industrial Disputes Act - Collective Bargaining - Representation by Retired Office Bearers - Industrial Disputes Act, 1947, Section 36 - The court held that retired office bearers can represent the union in negotiations as there is no prohibition in the Act or union constitution, and the policy cannot override statutory rights. (Paras 11-20) C) Precedent - Calcutta High Court Judgment - UCO Bank v. All India UCO Bank Officers Federation - The court relied on the Calcutta High Court's decision that a similar policy was arbitrary and infringed upon the right of members to elect office bearers. (Paras 4-10)
Issue of Consideration
Whether Clause 6(d) of the Employees Grievances Redressal Policy of the Bank of Maharashtra, which prohibits retired employees who are elected office bearers of the recognized trade union from participating in grievance redressal committee meetings, is arbitrary and violative of the rights of the trade union under the Trade Unions Act, 1926.
Final Decision
The court allowed the writ petition, quashed Clause 6(d) of the Employees Grievances Redressal Policy, and directed the bank to allow retired elected office bearers to participate in grievance redressal committee meetings.
Law Points
- Right of trade union to elect office bearers
- freedom of association
- collective bargaining
- Section 22 of Trade Unions Act
- 1926
- Section 36 of Industrial Disputes Act
- 1947
- policy cannot override statutory rights
