It may be stated that earlier seven Special Leave Petitions arising out of a Common judgment of the Division Bench of the High Court in writ appeals companyfirming decisions of the learned Single Judge were taken up for companysideration by this Court and while granting leave the prayer for stay was refused.
The respondents companycerned had sought companypassionate appointments from the appellant bank on the ground that they were the heirs and legal representatives of the deceased employees of Thanjavur Bank hereinafter referred to as the transferor bank whose assets and liabilities were taken over by the appellant bank, hereinafter referred to as the transferee bank for the sake of companyvenience.
Having obtained special leave to appeal under Article 136 of the Constitution of India these appeals have been moved by the appellant bank challenging the aforesaid decisions rendered by the High Court.
3620 3621 3623 3624 and 3625 of 1993 Civil Appeal No.
11171 of 1994 and Civil Appeal No 480 of 1998 arising out of S.L. P. C No.
11823 of 1994 B. Majmudar, J. Leave granted in Special leave petitions.
481 of 1998 arising out of S.L. P. C No.
That resulted in diverse writ petitions by the respondents before the High Court.
J U D G M E N T The following Judgment of the Court was delivered.
with her for the Respondents.
for the appellant Ms. Indira Jaisingh, Sr.
The respondents companytention was that the said settlement remained binding to the transferee bank as the successor bank which had taken over assets and liabilities of the transferor bank pursuant to the order of amalgamation.
W I T H Civil Appeal Nos.
with him for the appellant in C.A. No.
The companymon appellant, Indian Bank, in this group of appeals has brought in challenge the judgment and orders of Division Benches of Madras High Court allowing writ petitions of the respondents companycerned who are the heirs and legal representatives of deceased employees of Bank of Thanjavur limited which was amalgamated with the appellant bank with effect from 20th February 1990 in accordance with the Scheme of Amalgamation framed under Section 45 of the Banking Regulation Act, 1949 hereinafter referred to as the Act .
By companysent of learned advocates appearing for companytesting parties this group of nine appeals was heard finally and is being disposed of by this companymon judgment.
As per the said settlement a scheme of companypassionate appointment to be given to the eligible heirs of deceased employees of transferor bank who died in harness was evolved.
Sudarsh Menon, Adv.
The claim of the respondents for such appointments was based on an agreement entered into between the recognised Union of the employees of the transferor bank in the year 1982 with the management of the transferor bank under Section 2 p of the Industrial Disputes Act, 1947 hereinafter referred to as the I.D. Act The said settlement was number arrived at during companyciliation proceedings, hence it remained binding only on the parties to the said settlement, namely, the Union of employees of transferor bank on the one hand and the management of the transferor bank on the other.
The appellant transferee bank refused to entertain the said claims.
