*Legal Standing of Writ C No 15574 of 2020 - United forum of We Bankers vs Union of India & Ors*
IBA refused to discuss the matter pertaining to Salary Settlement with We Bankers since they are not registered trade unions under the Trade Union Act 1926 and hence ipso facto a nonentity.
Since they had approached the conciliation officer after giving a strike call and the conciliation failed, conciliation officer advised the Central Government to refer the matter of dispute to National Tribunal as per Sec 12(5) of ID Act read along with Sec 10 (1A)
The central government passed an order on 3-11-2020 invoking Section 10 of ID Act, referring the issue to the tribunal whether the action of IBA not discussing the issues with We Bankers Kanpur is justified or not.??
Since the Central Government already made a reference as per ID Act, court refused to keep the matter pending and disposed off the petition.
👉🏻 Claim of We Bankers that "they won the case" is totally wrong.
👉🏻 No question of fact relating the Bipartite / Service conditions / Pension has been referred to National Tribunal by the Central Government.
👉🏻 Central Government has just referred the question of legal locus standi in the decission of IBA not to entertain or recognise We Bankers for talks
👉🏻 The claim of We Bankers that the National Tribunal will decide on the Bipartite settlement is factually incorrect.
👉🏻 The claim of We Bankers that they are a syndicate of registered trade unions is inapt & lack legislative basis.
All our officer comrades kindly make a note that court has refused the plea of We Bankers on enhancing the scope of reference and disposed off the petition.
Greetings & Regards
National Convenor (Youth Wing)
All India Union Bank Officers Federation
*_State Secretary, AIBOC Kerala_*
It is nothing.
If conciliation fails and the management refuses to talk, the concerned makes a reference to Industrial tribunal. The Govt has made such a reference only to decide NOT the wage revision, pension or any service conditions but ONLY the following:
1) if IBA refusing to talk with We Bankers forum is justified
2) if this refusal can be reckoned as an Industrial dispute.
3) IF NOT, what relief and what directions should be given by the government.
The tribunal will simply hold IBA’s refusal to talk is justified. This forum cannot even prove any significant membership ( leave alone majority).
Much ado about nothing