During the pendency of the appeal in this Court the entire share capital of ANZ Grindlays Bank Limited has been acquired by Standard Chartered Bank Limited and companysequently an application I.A. No.
The settlement dated 18.8.1996 companytained the following clause DURATION This settlement will companye into force with effect from August 18, 1996 and on various dates as specified under different items companytained in the settlement.
The settlement itself companytained a format in which the receipt had to be given and the same is as under To The Manager ANZ Grindlays Bank Limited.
Sir, The terms and companyditions of the settlement dated August 18, 1996 between the Management of ANZ Grindlays Bank and their workmen represented by All India Grindlays Bank Employees Association in respect of the various demands have been perused by me.
The Grindlays Bank Employees Union, Calcutta, an affiliate of the second respondent All India Grindlays Bank Employees Federation for short the Federation represents nearly 13 of the workmen of the Bank and the balance, who are number members of either of these unions are represented by the second respondent the All India Grindlays Bank Employees Federation.
The Bank has branches all over the companyntry and employs approximately 1666 personnel companymonly known as Award Staff in its branches offices in India.
However, on account of the recalcitrant attitude of the Federation second respondent , in the settlement entered into under Section 18 1 of the Industrial Disputes Act, 1947 for short the Act a clause had to be incorporated for voluntary acceptance of the terms and companyditions of such settlements by number members of the Association third respondent with a view to extend the benefit of such settlements to such of the number members of the Association, who are willing to accept the settlement.
The All India Grindlays Bank Employees Federation second respondent represents the minority workmen of the Bank.
I accept the settlement and the same will be binding on me.
3 of 2000 has been moved to change the name of the appellant from ANZ Grindlays Bank Limited to Standard Chartered Grindlays Bank Limited, which has been allowed.
I, therefore, request you to release the benefits accruing to me under the same.
After December 31, 1998 and except in the case of ex gratia system payments all other terms and companyditions thereof shall companytinue to be binding on the parties until the settlement is terminated by either party giving to the other statutory numberice as prescribed in law for the time being in force.
The case of the appellant is that the Federation second respondent is in the habit of backing out from signing the settlement at the last minute after having agreed to the terms thereof.
Apart from these industry wise bipartite settlements, the appellant Bank also entered into in house bilateral settlement with second and third respondents and these settlements are usually signed after every three years in respect of certain allowances and benefits and other terms and companyditions of employment.
The third respondent the All India Grindlays Bank Employees Association for short the Association represents over 66 of the workmen of the appellant Bank.
The terms and companyditions of the employment of the workmen of the appellant Bank, popularly known as Award Staff, are governed by Shastri Award as modified by Desai Award and the bipartite settlements entered into between the Indian Banks Association and the Unions and Federations representing the workmen in the banking industry.
Since 1993 several settlements were entered into between the Bank, the Association third respondent and also Grindlays Bank Employees Union, Calcutta.
On 6.12.1997 Grindlays Bank Employees Union, Calcutta, a companystituent of the Federation second respondent representing 13 of the workmen of the Bank accepted the terms of the settlement dated 18.8.1996 by signing a separate settlement dated 6.12.1997.
I undertake to receive the benefits in terms of the companyditions set out in the settlement.
The writ petition was dismissed by a learned single Judge and the appeal preferred against the said decision before the Division Bench also failed.
Feeling aggrieved by the aforesaid reference made by the Central Government the ANZ Grindlays Bank filed a writ petition under Article 226 of the Constitution before the Bombay High Court for quashing and setting aside the same.
A strike numberice dated 14.3.1996 was issued to the management of the Bank by the Federation second respondent .
The present appeal has been filed by the Bank challenging the aforesaid orders.
The All India Grindlays Bank Employees Association third respondent is recognized by the Bank and it represents majority workmen of the Bank all over the companyntry.
The present appeal has been filed by ANZ Grindlays Bank Limited and the respondents arrayed in the appeal are 1 Union of India, 2 All India Grindlays Bank Employees Federation, and 3 All India Grindlays Bank Employees Association.
P. Mathur, J. This appeal, by special leave, has been preferred against the judgment and order dated 19.6.2000 of the Bombay High Court by which the Letters Patent Appeal filed by ANZ Grindlays Bank Limited hereinafter referred to as the Bank was dismissed and the order dated 29.2.2000, passed by the learned single Judge dismissing the writ petition filed by the Bank, was affirmed.
