AIBOC CIRCULAR NO. 39 DATED 18.04.2011

AIBOC issued its circular No. 39 dated 18.04.2011 on upholding trade union right of peaceful demonstration by Hon’ble High Court of Kerala. We are reproducing the same here for our readers.

CIRCULAR NO.39                                    DATE: 18.04.2011

TO ALL AFFILIATES /MEMBERS:

HON’BLE HIGH COURT OF KERALA - UPHOLDS TRADE UNION RIGHT OF PEACEFUL DEMONSTRATION

The Management of Dhanalaxmi Bank Ltd., had filed a writ petition in the Hon’ble High Court of Kerala, at Ernakulam, under WP(C) No.9016 of 2011(B) against our affiliate Dhanalaxmi Bank Officers’ Organisation, seeking issue of directions to our affiliate and its members, who are holding protest demonstrations against de-unionisation move of the Management, not to obstruct the peaceful and orderly running of the Bank. They further prayed for order against criminal offences; obstruction of ingress and egress, to and from the Bank of willing workers, officers, management personnel and customers. The Hon’ble Court has made the following order:

“We have considered all the relevant inputs. We are satisfied that there is need to issue directions under Article 226 of the Constitution. While the right of respondents 8 and 9 and their members to hold peaceful demonstrations and to engage themselves in agitation against the policy of the bank towards the officers deserve to be recognized, it will have to be zealously ensured that there is no illegal obstruction to the peaceful functioning of the bank. We are hence, satisfied in the circumstances that directions under Article 226 deserve to be issued.”

Comrades, it may be noticed that, the Hon’ble Court has not restricted the peaceful demonstration before the Bank’s Administrative Office/Branches, and not imposed any distance condition for such demonstrations. The only condition is, not to obstruct peaceful functioning of the bank. We are happy that, Hon’ble High Court has upheld the trade union right of the Members of our affiliate for peaceful demonstrations to express their resentment against the management’s provocations.

With warm greetings,

Sd/-

(G.D. NADAF)

GENERAL SECRETARY                                     OUR UNITY ZINDABAD