BANK OF INDIA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This appeal is by special leave. Respondent No. 3 is employed as a clerk in the regional Collection Centre, Kanpur.

(2.) He filed an application under Section 33-C (2) of the Industrial Disputes Act, 1947, for computation of special assistants allowance at Rs. 456 on the basis of the two third month's rotation in a year for the years 1983, 1984, 1985 and 1986. The appellant-bank opposed the said application. The Labour Court computed the amount payable to respondent no. 3 at Rs 5,016. The order made by the labour Court was challenged by way of a writ petition before the High Court. In the High court the contention put forth on behalf of the appellant was that the conditions of service of workmen are governed by the Sastri award or desai award. However, the High Court rejected this contention that this award had ceased to apply in the year 1966, in view of the decision of this Court in Central Bank of India v. Sisir Kumar Shaw AIR 1976 SC 929 : 1976 (2) SCC 859 : 1976-I-LLJ-90. Hence, this appeal by special leave.

(3.) At the time when this matter was considered at the preliminary stage, the appellant was directed to pay the amount awarded by the Labour Court irrespective of the result of this matter. In view of that the order it is not necessary to upset the order made by the Labour Court even if we agree with the contention advanced on behalf of the appellant.