IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.821 of 2009 PUNJAB NATIONAL BANK OFFICERS ASSOCIATION, BIHAR REPRESENTED THROUGH ITS GENERAL SECRETARY, KUMAR ARBIND @ ARBIND SON OF LATE BINDESHWARI PRASAD SINGH, PUNJAB NATIONAL BANK OFFICERS ASSOCIATION, BIHAR… …PETITIONER/APPELLANT Versus 1. PUNJAB NATAIONAL BANK THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, BIKAJI CAMA PALACE, AFRICA AVENUE, NEW DELHI, 2. GENERAL MANAGER (PERSONNEL) HEAD OFFICE, PUNJAB NATIONAL BANK, 7 BIKAJI CAMA PALACE, AFRICA AVENUE, NEW DELHI, 3. ZONAL MANAGER (BIHAR ZONAL), ZONAL OFFICE, PUNJAB NATIONAL BANK CHANKYA PLACE, R BLOCK, BIR CHAND PATEL MARG, PATNA-800001, 4. SENIOR REGIONAL MANAGER, PATNA REGION, PUNJAB NATIONAL BANK, PATNA, 5. ALL INDIA PUNJAB NATIONAL BANK OFFIC ERS ASSOCIATION THROUGH HEAD OFFICE PUNJAB NATIONAL BANK, 7 BIKAJI CAMA PLACE, AFRICA AVENUE, NEW DELHI.. … …RESPONDENTS/RESPONDENTS For the Appellant: Mr. Shivaji Pandey, Senior Advocate. ----------- 3 08.01.2010 The appellant-Punjab National Bank Officers Association, Bihar (for short “Association”) preferred C.W.J.C. No.12185 of 2002 with the prayer for commanding the Punjab National Bank to extend the similar benefit, that had been extended to the members of the All India Punjab National Bank Officer’s Association (for short “AIPNBOA”) including extending relaxation in the matter of transfer of office bearers, which have been 2 conferred on the members of the office bearers of other Associations. A counter affidavit had been filed on behalf of the Bank stating therein, inter alia, that other association had more members and is a majority association and the present one is not. The learned single Judge while disposing of the writ petition had not dealt with this aspect of the matter and opined that it is up to the Bank to recognise one Officer Association or ten Officers Associations, unless the same is controlled by a statute. We heard Mr. Shivaji Pandey, learned senior counsel for the appellant-Association on the question of admission of this appeal. Learned senior counsel for the appellant- Association submitted that the learned single Judge, who had appreciated the factum that the Punjab National Bank being an instrumentality of the State under Article 12 of the Constitution could not have acted discriminately. Learned senior counsel placed reliance upon a decision of the Karnataka High Court in the case of K. Bhagavandas Rai v. Vijaya Bank and others, rendered in W.P. No. 7345/98. 3 Having heard learned senior counsel for the appellant-Association, we are inclined to direct that the appellant-Association shall submit a representation to the concerned Bank indicating its number of members and seek the benefit, which had been sought herein by them, as in the meantime, there has been increase of members, as submitted by Mr. Pandey, learned senior counsel. That apart, the Bank should also consider the claim of the appellant-Association as a model employer in a most objective manner. If a representation is submitted by the appellant-Association within a period of eight weeks from today, the competent authority of the Bank shall take a decision in the matter within the parameter of law within eight weeks therefrom. With the aforesaid modification in the order passed by the learned single Judge, the Letters Patent Appeal stands disposed of. (Dipak Misra, CJ) SC ( Dr. Ravi Ranjan, J.)