K R Ganesha Rao vs The Chairman on 12 August, 2022

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Karnataka High Court

K R Ganesha Rao vs The Chairman on 12 August, 2022

Bench: Krishna S.Dixit

                          1




 IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 12TH DAY OF AUGUST, 2022

                      BEFORE

    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

   WRIT PETITION NO.10101 OF 2016(GM-RES)

BETWEEN:

K.R.GANESHA RAO,
AGED ABOUYT 64 YEARS,
ASHRAY, NO.224, F BLOCK,
14TH MAIN ROAD, SAHAKAR NAGAR,
BENGALURU - 560 092.
                                           ...PETITIONER
(BY SRI.K.R.GANESH RAO, PARTY IN PERSON)

AND:

1. THE CHAIRMAN,
   BOARD OF TRUSTEES,
   BANK OF BARODA EMPLOYEES' PENSION FUND,
   BANK OF BARODA, HEAD OFFICE,
   MANDVI, BARODA - 390 006.GUJARAT.

2. BANK OF BARODA
   REPRESENTED BY ITS
   MANAGING DIRECTOR AND
   CHIEF EXECUTIVE OFFICER,
   BARODA CORPORATE CENTRE,
   NO.C-26, G BLOCK, BANDRA KURLA COMPLEX,
   MUMBAI - 400 051.

3. UNION OF INDIA
   REPRESENTED BY ITS SECRETARY,
   MINISTRY OF FINANCE,
   DEPARTMENT OF FINANCIAL SERVICES,
   JEEVAN DEEP BUIDLING,
                             2



   PARLIABMENT STREET, NEW DELHI - 110 001.
                                      ... RESPONDENTS
(BY SRI.S KASHIF, ADVOCATE FOR
    SRI.S.R.KAMALACHARAN, ADVOCATE FOR R1 & R2;
    SRI.ADITYA SINGH, CGC FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO REGISTER AND VALIDATE
THE BANK OF BARODA EMPLOYEES PENSION FUND 1996 OF
BANK OF BARODA EMPLOYEES PENSION REGULATIONS,
1995, AS PER LAW AND AS GIVEN IN ANNEX-E AND ETC.,

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-


                         ORDER

Petitioner, a pensioner is knocking at the doors of Writ Court with the following two principal prayers:

"a) To issue a Writ of Mandamus directing the Respondents to register and validate the Bank of Baroda Employees Pension Fund 1996 of Bank of Baroda Employees Pension Regulations, 1995, as per law and as given in Annexure-E.

b) To issue a Writ of Mandamus, directing the Respondents to appoint / nominate one each representative of Retired Officers and Workmen as Trustees on the board of the Bank of Baroda Employees Pension Fund 1996 of Bank of Baroda Employees' Pension Regulations 1995 as given in Annexure-e."

2. After service of notice, respondents 1 & 2 are represented by their Panel Counsel and respondent no. 3

- Union of India is represented by learned CGC. Both the Panel Counsel and the learned CGC resist the writ petition contending that the first prayer as to the registration as sought for cannot be granted inasmuch as the Indian Trusts Act, 1882 is confined to private trusts in its application and not public trusts, the provisions of which the petitioner is wrongly banking upon. There is force in this submission.

3. The vehement submission of petitioner, party- in-person that the Board of trustees as constituted under Section 8 of the Bank of Baroda (Employees') Pension Regulations, 1995 vide Annexure -A does not comprise any member representing the pensioners' lot, may be true. The petitioner submits that since contribution is from the class of pensioners, there has to be one representative even going by the sense of justice. This contention cannot be countenanced in the absence of an 4 enabling provision being shown from the subject Regulations.

4. Ordinarily, the instruments of law prescribing composition of Boards of the kind are treated as mandatory and therefore, the prayer of the petitioner for representation if granted would run counter to the statutory composition as mandated under Regulation 8 which reads as under:

"Board of Trustees.

(1) The Board of trustees shall consist of such number of persons not less than three and not more than nine, as may be determined by the Board, to be appointed by the Bank.

(2) The power of appoint the trustees shall be vested with the Bank and all such appointments shall be made in writing.

(3) The Bank shall nominate one of the trustees to be the Chairman of the Board of Trustees. The bank shall also nominate a trustee to bean alternate Chairman who shall act as Chairman in the absence of the Chairman.

(4) "The term of appointment of trustee shall be for a period of three years and the Bank may re-appoint a trustee who has already completed his term; provided that no trustee shall be appointed for more than two terms."

In the above circumstances, this petition being devoid of merits is liable to be dismissed and accordingly, it is. However, it is open to the petitioner party-in-person to make a representation to the respondents 1 & 2 to consider his claim for having one representative from pensioners on the Board.

If such a representation is made, the respondents 1 & 2 shall consider it in accordance with law and inform the result of such consideration to the petitioner within an outer limit of four weeks.

Costs made easy.

Sd/-

JUDGE Bsv

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