HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION No. 32061 OF 1998 Thursday, the Twenty Third day of September, Two Thousand and Ten Between P.Govardhana Rao and others Petitioners AND Central Bank of India, Rep.by its Chairman and Managing Director, Central Office, Chanramukhi, Nariman Point, Mumbai and others Respondents ORAL ORDER: The retired Bank Officers filed this writ petition seeking to declare clause 15(iv) of the Joint Note dated 23.6.1995 entered into by the Indian Banks Association with Officers Association as illegal and to consequently direct the first respondent to pay the difference in the amounts of gratuity to the petitioners under the Revised Pay Scales. The pay scales, allowances and other benefits in the banking industry are determined by way of settlement between the Indian Banks Association and the Apex Bodies of the Trade Unions representing the Workmen and Officers of the Banks. In the case of Officers the settlements are made in the form of Joint Note signed by the Indian Banks Association and the representatives of the Officers Associations. The petitioners retired from service during November, 1993 to July, 1994 when the negotiations for revision were going on, which culminated into Joint Note dated 23.6.1995. Clause 15 of the said Joint Note deals with the dates from which the revised benefits would come into effect. The petitioners have received arrears of pay and allowances under the revised scales. The grievance of the petitioners is that the arrears of gratuity on account of revision of pay scales were not paid in view of the fact that it was given effect from 1.11.1994, even though the revised pay scales came into effect from 1.7.1993. Hence they seek to declare clause 15(iv) of the Joint Note dated 23.6.1995 relating to the payment of gratuity with effect from 1.11.1994 as illegal and arbitrary. Heard learned counsel for the petitioners and the learned Standing Counsel for the second respondent. It is not in dispute that the pay scales, allowances and other benefits in the banking industry are determined by way of settlement between the Indian Banks Association and the Apex Bodies of the Trade Unions representing the Workmen and Officers of the Banks. In case of workmen, the settlements are made under the provisions of Industrial Disputes Act whereas in the case of Officers, the settlements are made in the form of Joint Note signed by the Indian Banks Association and the representatives of the Officers Associations and the contents thereof become part of the service conditions of the Officers of the respective Banks. According to the learned counsel for the second respondent, both the organizations are non-statutory organizations. In view of the fact that the settlement was arrived at in between two non-statutory organizations, the forum for the settlement of any dispute that arises out of such non-statutory settlements is elsewhere and certainly not under Article 226 of the Constitution of India. In that premise, the petitioners are at liberty to workout their remedies before appropriate forum. With the above observation, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari September 23, 2010 MAS