LPA/1384/1996 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1384 of 1996 In SPECIAL CIVIL APPLICATION No. 5729 of 1996 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PUNJAB NATIONAL BANK SC/ST EMPLOYEES' ASSOCIATION - Appellant(s) Versus PUNJAB NATIONAL BANK - Respondent(s) ========================================================= Appearance : Rajeshkumar Samantram Chauhan, PARTY-IN-PERSON for Appellant(s) : 1, Mr. Chetan Pandya for MR SV RAJU for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/1384/1996 2/5 JUDGMENT Date : 23/01/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) The appellant, Punjab National Bank Scheduled Castes and Scheduled Tribes Employees' Association, is represented by its Secretary, Mr. Rajeshkumar Samantram Chauhan. He has appeared in person. This Appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 22nd October, 1996 passed by the learned Single Judge. The appellant is the writ petitioner. 2. The appellant claims that it is an association of the scheduled castes and scheduled tribes employees of the Punjab National Bank operating in the State of Gujarat. It is registered as a 'society' under the Societies Registration Act, 1860. According to the appellant, a similar association of the scheduled castes and scheduled tribes employees of the Punjab National Bank, operating at the national level, in the name and style of All India Punjab National Bank Scheduled Castes and Scheduled Tribes Employees' Welfare Association, has been extended facility of check off system. In other words, the said association is allowed to collect monthly LPA/1384/1996 3/5 JUDGMENT subscription from its members by deducting the like amount from the salary of each member to be deposited in the Bank account of the said association. Since the grant of check off facility to the association operating at the national level, the appellant association has also demanded extension of similar facility. The said demand has been turned down by the respondent Punjab National Bank on the grounds that the appellant association is not registered under the Trade Unions Act, 1926; nor does it represent majority of scheduled castes and scheduled tribes employees of the Punjab National Bank; nor does it have majority at the Gujarat level. The challenge to the said decision of the Bank in the above Special Civil Application has failed. The learned Single Judge has rejected the said challenge on the ground that the appellant association has neither a fundamental right nor a statutory right for extension of check-off facility. 3. Mr. Chauhan has strenuously urged that, unless the Bank extends the check-off facility to the appellant association, the appellant association cannot establish its majority at Gujarat level. He has submitted that the appellant represents around 500 employees of bank belonging to the scheduled castes and scheduled LPA/1384/1996 4/5 JUDGMENT tribes. Further, unless the check-off facility is extended to the appellant association, the appellant association is unable to prove its majority. He has also submitted that the appellant association has a right of equality, i.e., the facility, extended to the All India Punjab National Bank Scheduled Castes and Scheduled Tribes Employees' Welfare Association, is required to be extended to the appellant association as well. Except that the national association operates at the national level and the appellant association operates at the Gujarat level, there is no substantial difference between the two associations to discriminate amongst the two associations. 4. The claim has been contested by the Bank. It is the specific case of the Bank, not only the appellant association is not a registered union under the Trade Unions Act, 1926, it has not been able to establish its majority before the Bank.. 5. We do agree with the learned Single Judge that the appellant association does not have either a fundamental right or a statutory right to avail of the check-off facility. As to the discrimination, it should be noted that the national association has been recognised by the Bank and represents majority of the LPA/1384/1996 5/5 JUDGMENT scheduled caste and scheduled tribe employees of the Bank. The appellant association, therefore, cannot be said to be similarly situated as the national association. 6. For the aforesaid reasons, the Appeal is dismissed. Parties will bear their costs. [ Ms. R.M. Doshit, J. ] [ K.M. Thaker, J. ] rmr.