IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 26033 of 2011(D) -------------------------------------- PETITIONER(S): ------------------------- SREEDHARAN K.N. AGED 61 YEARS, S/O.NEELAKANDHAN NAMBOOTHIRIPAD, KURUVATTAVANA MANA, KADANNUR, THRISSUR- 680 574. BY ADVS. SRI.N.M.MADHU SMT.C.DEVIKA RANI KAIMAL SMT.C.S.RAJANI RESPONDENT(S): -------------------------- 1. THE UNION OF INDIA REP. BY ITS SECRETARY TO MINISTRY OF LABOUR & EMPLOYMENT, SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI 110 001. 2. INDIAN BANKS ASSOCIATION, WORLD TRADE CENTRE COMPLEX, CENTRE 1, 6TH FLOOR, CUFFE PARADE, MUMBAI 400 006. 3. ALL INDIA BANK EMPLOYEES' ASSOCIATION, CENTRAL OFFICE ''PRABHAT NIVAS'' SINGAPORE PLAZA, 164, LINGHI CHETTY STREET, CHENNAI 600 001. 4. NATIONAL CONFEDERATION OF BANK EMPLOYEES, STATE BANK OF INDIA BUILDINGS, BANK STREET, KOTI, HYDERABAD 500 095. 5. BANK EMPLOYEES FEDERATION OF INDIA, NARESH PAUL CENTRE, 53, RADHA BAZAR LANE, KOLKATTA 700001. 6. INDIAN NATIONAL BANK EMPLOYEES FEDERATION, 37, ALWAR THIRUNAGAR ANNEX, CHENNAI 600 087. tss W.P.(C) NO.26033/2011 7. NATIONAL ORGANIZATION OF BANK WORKERS, CENTRAL OFFICE, 542, CONGRESS NAGAR, NAGPUR 440 012. 8. THE DHANALAKSHMI BANK LTD., REP.BY ITS MANAGING DIRECTOR, DHANALAKSHMI BUILDING, NAICKANAL, THRISSUR 680 001. ADV. SMT.GOVINDA P.RENUKADEVI, CGC FOR R1 BY ADV. SRI.C.K.KARUNAKARAN, SC BY ADV. SRI.P.PARAMESWARA NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.26033/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MEMORANDUM OF UNDERSTANDING SIGNED ON 27.11.2009. P2:- COPY OF THE RELEVANT PAGES OF THE BIPARTITE SETTLEMENT. P3:- COPY OF THE REPRESENTATION DTD. 16.6.2010 SENT BY THE PETITIONER TO THE SECOND RESPONDENT. P4:- COPY OF THE REPLY RECEIVED BY THE PETITIONER FROM THE SEVENTH RESPONDENT. P5:- COPY OF THE LETTER DTD. 8.11.2010. P6:- COPY OF THE LETTER DTD. 27.10.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.26033 of 2011 --------------------------------------------- Dated this the 17th day of October 2011 JUDGMENT The petitioner has filed this writ petition challenging some clauses in the 9th Bipartite Settlement on Wage Revision & Settlement on Pension Option for Bank Employees entered into between the Indian Banks' Association and All India Bank Employees' Association on 27.4.2010. According to the petitioner, certain clauses in the agreement causes anomalies resulting in violation of the rights of the employees. 2. Since the petitioner has filed this writ petition challenging a settlement, which is essentially a contract, I asked him to explain how the writ petition itself is maintainable. The counsel for the petitioner places reliance on the decision of the Apex Court in Bank of India and others v O.P.Swarnakar and others (2003 (2) SCC 721). In the said case, pursuant to the settlement, a voluntary retirement scheme was introduced WPC No.26033/2011 2 for nationalised banks and State Banks of India. A number of writ petitions were filed questioning the said scheme. The Supreme Court held that the Bank of India being state within the meaning of Article 12 of the Constitution of India, the writ petition was maintainable. 3. It can be seen from the facts of the said case that what was under challenge therein was the voluntary retirement scheme introduced by the bank and not any settlement. However, in the present case, what the petitioner challenges is the Bipartite Settlement itself or certain clauses that form part of the settlement. In view of the above, this writ petition is not maintainable and is liable to be dismissed. 4. This writ petition is accordingly dismissed. However, the dismissal of this writ petition is without prejudice to the other remedies available to the petitioner in law. SD/- K.SURENDRA MOHAN, JUDGE css/ TRUE COPY P.S.TO JUDGE