9911796707
TMI Blog2023 (6) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... ve preferred this intra-court appeal, as against the order dated 24.06.2022 passed by the learned Judge in W.P. No. 11991 of 2014. 2. The necessary facts leading to the filing of this appeal are as follows: 2.1. The appellants are registered Trade Unions consisting of the Officers' Association of all Public Sector Banks, State Bank of India, all the Scheduled Commercial Banks and Regional Rural Banks and represent more than 90% of the officers in the said Banks. As early as on 18.09.1982, the Indian Bank's Association issued a Circular pursuant to bilateral discussions with the appellants, permitting Leave Travel Concession (LTC) facility to cover foreign travel also, subject to eligibility, within the country for the Bank Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Home Travel Concession). The appellants sent separate representations dated 16.04.2014 requesting the authorities to stop the implementation of the letter and e-circular dated 07.04.2014 and 15.04.2014, respectively. Since the same have not evoked any response, they filed a writ petition in W.P. No. 11991 of 2014 seeking to set aside the impugned letter dated 07.04.2014 and e-Circular dated 15.04.2014 and also for a consequential direction to the respondents to continue the LTC/HTC facility to cover foreign travel as provided to the officers of the respondent Bank and members of the third respondent prior to 07.04.2014. 2.3. On 25.04.2014, when the aforesaid writ petition was taken up for consideration, the learned Judge granted an order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 of the SBI Act, which empowers the Bank to make regulations but only with previous sanction of the Central Government and the Reserve Bank of India. The rules framed under section 43 are not subordinate legislation, which can be framed only under section 50, but are nevertheless statutory in character; and thus, the provisions for LTC on foreign travel have been statutorily provided. Continuing further, the learned senior counsel submitted that the benefit of LTC on foreign travel arose out of bilateral negotiations and agreement between the Appellants and the Respondents at the industry level. It is also submitted that a benefit which has been implemented for nearly 30 years, cannot be unilaterally withdrawn by the respondents, that too, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014 stayed the impugned Circular dated 07.04.2014 based on the undertaking given by the appellants that if the writ petition is dismissed, the amount paid towards LTC to cover the foreign/overseas travel will be refunded by the individual officers concerned and hence, the appellants are liable to be refunded the amounts received towards foreign travel, in view of the dismissal of the writ petition. 5. Heard the learned counsel on either side and perused the materials available on record carefully and meticulously. 6. Before the writ court, the appellants challenged the decisions of the third respondent in its letter dated 07.04.2014 and the first respondent in its e-circular dated 15.04.2014 with respect to withdrawal of the LTC facility ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, but are to be applied with reference to the facts and circumstances of the case. In the given factual matrix, providing an opportunity is a futile exercise and the officers of the Bank are not prejudiced nor their service rights are violated. The executive actions regarding the foreign affairs should be viewed with greater latitude and the decision being taken by the State Bank of India is pursuant to the Government of India policy, which was adopted by Indian Bank Association. 8.1. At the outset, this court is inclined to deal with the third ground viz., the letter and circular of the respondent authorities, withdrawing the overseas facility granted to the officers, which were impugned in the writ petition, are in violation of the prin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity would have been given to the appellants 1 and 2 - Union representing the Officers, while withdrawing such facility, as the said facility was granted to the officers right from the year 1982 and further, its terms were revised in the year 2007 by way of negotiation, and it was enjoyed by the officers, till 2014. Therefore, the letter and circular impugned in the writ petition are naturally in violation of the principles of natural justice. 8.6. The Hon'ble Supreme Court in Prakash Ratan Sinha v. State of Bihar [2009 (14) SCC 690] has held that "when there were disputed facts, the respondents without affording an opportunity of hearing, could not have taken any administrative decision unilaterally and therefore, the Division ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
