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GV SUBBA RAMAIAH (freelancer)     25 March 2014

Pil/writ can be filed against the process of nomination

Can Expert guide us whether writ / Pil can be filed in the Court toChallenge the process of Nomination of Employee Director by a recognised union in PUBLIC SECTOR BANKS.
Grounds:
1. Recognised unions are not always majority unions inthe strict meaning of the words.
2.Rcognised unions do not represent the will of all the employees.
3.If a recognised union or a representative union is not a majority union the spirit of the constitution and the will of the employees is not carried out.
4.The union / association of employees is a private body and is governed by its own terms and conditions. If the leaders on attaining their super annuation / retirement are not in serviceemployees, but continue to lead and intervene in the affairs of their unions / associations by amending their bye laws with the help of hand picked delegates. Insuch a case the nomination of employee Director, by such retired leaders amounts to official interference in the policy matters and operations ofthe Banks.
5.The Nomination deprives the Democratic Right of every employee to select,nominate and participate in the employee Director selection.
6.The nomination of employee Director is more on loyalty to the Nominating leader and Union / Associations than the elegibilty by virtue of qualification,intelligence and skills of the employees.There are more employee with qualifications like,engineers, Chartered accountants, MBAs, Law graduates,economists,statistical sciences qualification, Agricultural Sciences and Post Graduates,seldom or will never get chance of guiding and shaping the policies, procedures and systems, out of their practical experience & expertise at the ground level. Banks are deprived of intellectual participation at the highest level.
7.The minimum qualification of an employee of a bank is above 7th class andranges to professional/Post graduation. They are better equipped and do possess enough knowledge to understand and articulate for their well being than an individual leaders personal preference to become Employee Director.
8.All the employees of a Public Sector Banks are well identified by an employee code number,do addressed with it in all the correspondence pertaining to such employees bythe managements of the Banks. The employees are well connected by Core banking Net working of the branches and do operate under safeguarded secure Pass words. In such a case electing an employee Director is much easier and more democratic and will give and equal chance o every employee-which is presently denied.
9.The present process of Nomination of Employee Director by Union / association,enables them to canvass their membership indirectly subtly influencing unethically in the shadow of the present procedure which is claimed as legal.

10.The Unions / associations and the employee Director are two different channels. One can not intersect with the other. A member of a union / association of employee have got a Right to contest but can not be deprived the right of an employee who doesn't subscribe to the philosophy and programmes of theat union/ association. One need not be a member of an Union / association to make a claim on Directorship of his Bank,which is by virtue of he being an employee and not bythe acts of any union / association to which ever political affiliations they belong to.
11.Election is the only means of selection for representation which is guaranteed to every citizen of India. Even in the process of selection of Members to the State Councils / Rajya Sabha,even if the parties participating can claim the positions but election is opted as the only suitable method of appointment of members. As all the employees are easily identifiable individually and connected by communication technology following the Nomiantion method is only encouraging the vested interests and the Banks are not getting the right operational information to lay the policies and programmes and products.
12.Ther is a collision course in the process of selection by nomination the checks and safe guards are disabled and hence there is piling up of NPAs and Non maintaianance of asset accounts. The HR policies are not need based and often prejudiced and biased and proving costly and causing the dead burden to the very existence of the Banks.



Learning

 1 Replies

Sourav Das (Advocate Supreme Court of India)     26 March 2014

call me 9910089698 or mail- sourav@lexrete.com

www.lexrete.com


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