Document Fragment View

Matching Fragments

7. We have heard Mr. Jamshed Cama, learned senior counsel appearing on behalf of the Bank and Mr. Chander Uday Singh, learned senior counsel on behalf of the respondent.

8. On behalf of the appellant it was contended that Section 2(bb) of the ID Act creates its own corporate entity, i.e., multi-State Banking Company and reference to the BR Act is for the limited purpose of identifying one kind of banking institution it brings in. Thus, there is no question of such multi-State Banking Company referred to in the BR Act of being bodily lifted in the ID Act by legislative incorporation of the BR Act, 1949 and, therefore, when the expression "Banking Company" was expanded in 1965 to include co-operative banks, such co-operative banks also became banking companies under the BR Act and if any of these newly included banking companies operate in more than one State, then they also become multi-State Banking Companies for the purpose of Section 2(bb) of the ID Act. It is asserted that introduction of definition "Banking Company" in the first part of Section 2(bb) of ID Act is a case of referential legislation and not legislation by incorporation. Laying emphasis on the Industrial Disputes (Banking and Insurance Companies) Act, 1949 (for short "the IDBIC Act") it was submitted by the learned counsel that the IDBIC Act mandates that in respect of multi-State Banking and Insurance Companies the appropriate Government for all industrial disputes would only be the Central Government and, therefore, the expression "Banking Company" in Section 2(bb) of the ID Act must be read in conjunction with the object and purpose of IDBIC Act so as to bring ID Act into syne with the IDBIC Act. The submission is that being aware of the malice in the industrial field relating to multi-State Banks and Insurance Companies, IDBIC Act was enacted to bring all multi-State Banking and Insurance Companies under the control of the Central Government as appropriate Government, to obviate the difficulties being faced by the banks and insurance companies, having branches outside one State, inter-alia in the form of lack of uniformity of service conditions and industrial peace.