Bihar State Central Bank Employees Union v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6344 of 2018 ====================================================== Bihar State Central Bank Employee's Union, Central Office: 2nd Floor, BBlock, Maurya Lok Complex, Patna-800001 through its General Secretary namely Mr. Prabhat Kumar Singh, S/o Late Dineshwar Singh, Resident of VillageP.O.- Bithauli, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Labour Commissioner, Bihar, Labour Resources Department, Vikas Bhawan, New Secretariat Building, Bailey Road, Patna-800001.
2.
The Registrar of Trade Unions, Labour Resources Department, Vikas Bhawan, New Secretariat Building, Bailey Road, Patna-800001. 3.
The Vigilance Investigation Bureau, Vigilance Department, Govt. of Bihar, 6, Circular Road, Patna.
4.
The Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna. 5.
The Zonal Manager, Central Bank of India, Zonal Office, Patna. 6.
The Branch Manager, Central Bank of India, Boring Road Branch, Patna. 7.
Prabhakar Mishra, S/o Late Yugal Kishore Mishra, Expelled memberPresident of the Bihar State Central Bank Employee's Resident of Mahatma Gandhi Nagar, Kanti Factory Road, Opp B S Plaza Kankarbagh, Patna800020. 8.
Ashok Kumar, S/o Sri Jagdish Prasad Chaudhary, Expelled memberGeneral Secretary of the Bihar State Central Bank Resident of 501, Basudharam Apartment, Kadamkuan, Patna-3.
9.
Sunil Kumar Singh, S/o Unknown, Expelled Member- Joint General Secretary, Bihar State Central Bank Employee's Union, at C/o Central Bank of India, Budh Marg Branch, Budh Marg, Patna- 800001. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Pandey, Adv.
For the Resp. 5 & 6 :
Mr. Ajay Kr. Sinha, Adv.
For the Resp. 7, 8 & 9 :
Mr. Sanjeev Kumar, Adv.
For the State :
Mr. Raghvendra Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 09-07-2019 Heard learned counsel for the parties.
Patna High Court CWJC No.6344 of 2018 dt.09-07-2019 2/3 A simple prayer has been made for recolonization of the Trade Union which has been formed by the group of employee of the Bank.
It appears that in the Central Bank of India, Patna Zone, two Unions were operating, namely, Bihar State Central Bank Employees' Union and Bihar State Central Bank Employees' Association affiliated to AICBEF/AIBEA and the two Unions have decided to form single platform and, accordingly, the entire set up of Bihar State Central Bank Employees' Association decided to merge with the Bihar State Central Bank Employees' Union and vice-versa and, accordingly, they have formed a single platform for raising the grievance of the employees.
Certain persons, who were members of Bihar State Central Bank Employees' Association revolted against the decision of merger and they have formed a separate group and refused to recognize the merger of two Unions and they have expelled other members of their group and they are claiming members of Bihar State Central Employees Union and, for that, application has been filed and also made a prayer for recognition of their group as original unliquidated association.
In view of the above, this court would only give direction to the Registrar of Trade Unions to examine the
Patna High Court CWJC No.6344 of 2018 dt.09-07-2019 3/3 application of the petitioners and, after giving notice to all the parties concerned, will take a decision in accordance with law. With the aforementioned observation and direction, this writ application is disposed of.
(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.07.2019 Transmission Date