K AJITKUMAR GADIYAR Vs. CORPORATION BANK

JUDGEMENT

(1.) These petitions are heard and disposed of together, in view of the issue raised being the same.

(2.) The brief facts are as follows: The Petitioners were erstwhile employees of the Respondent - Bank and had retired from the service of the bank under a Special Voluntary Retirement Scheme during the year 2003. Thereafter, salary revision was effected for officer employees of the Bank with retrospective effect from 1st November 2002. While paying the revised salary and pensionary benefits to the Petitioner, the payment of differential ex-gratia was denied. The present petitions, therefore, are in respect of the same.

(3.) The learned Senior Advocate Shri P.S. Rajagopal appearing for the counsel for the Petitioners in two of the petitions, would contend that the Petitioners were officer employees of the Bank. Their service conditions were governed by the Corporation Bank (Officers) Service Regulations, 1982 (hereinafter referred to as ' the Service Regulations' for brevity) and the Corporation Bank (Employees') Pension Regulations, 1995 (hereinafter referred to as ' the Pension Regulations' for brevity) . He would point out that the word 'salary' is defined under Regulation 3(m)of the Service Regulations, to mean the aggregate of pay and Dearness Allowance. The word 'pay' is defined under Regulation 3(1) to mean basic pay, stagnation increment, professional qualification pay, increment component of fixed personal pay and the officiating allowance. Regulation 4 lays down the grades and scales of pay. Though the service conditions are prescribed in these statutory regulations, amendments thereto have always been a product of bilateral negotiations. At the industry level, salary revision is negotiated between the Indian Banks' Association as authorised by managements of the Banks, including the Trade Unions of Officer employees working in the Banking industry. Salary revisions are therefore arrived at by settlement between the parties and negotiated settlements are thereafter incorporated into the Regulations by way of amendment. Since the officer employees are not governed by the provisions of the Industrial Disputes Act, 1947, the settlements reached between the management and the unions are labelled as ''Joint Notes'' instead of settlements.