INDIAN BANK Vs. R K BAWAJA

JUDGEMENT

(1.) This order will dispose of Civil Writs 851/70 and 1120/70 filed by the Indian Bank and Shri Chidambaram respectively under Articles 226 and 227 of the Constitution of India against the award dated February 12, 1970 passed by the Central Government Industrial Tribunal, Delhi answering a reference dated April 23, 1969 made under Section 10(d) of the Industrial Disputes Act, 1947 in respect of the following industrial dispute :

(2.) In the statement of claim on behalf of Chidambaram it was std that the bank started giving to Kini officiating chances as supervisor in leave vacancies or in temporary vacancies with effect from May, 1966 in superceding the claim of Chidambaram. Reliance was placed on the settlement, arrived at between the bank and its workmen dated July, 3,1967 which contained the agreement for promotion to officers' cadre from the clerical staff on the criteria provided in the said settlement. Para 5 provides that the minimum qualifications for promotion without test for officers' cadre shall be S. S. L. C. completed. It was further pieced that the Shastri award provided Rs. 50 as special allowance for su-pervisor over and above the clerical grade; that the Desai award allowed special allowance to Rs. 65.00 and the said allowance was further raised as a result of Bipartite Settlement to Rs. 75 and that the nomenclature of supervisor was switched over to special assistants. The plea further was that the duties of the special assistants and those of officers were the same in the Banking Industry and the banks are having their own pay scale and service conditions for the officers. Chidambaram claimed the pomotion on the strength of his seniority as well as his qualifications for the period for which the officiating chances to supervisory cadre were allowed to Kini and for future promotions.

(3.) In the statement of objections filed by the bank, it was stated that Kini was entrusted, whenever required, temporarily with certain work for which period only he was paid the allowance payable as per the provisions of the awards and that Kini was never appointed as special assistant or asked to officiate as a special assistant. A plea was taken that the refrence to the agreement dated July 3, 1967 is wholly irrelevant as the same relates to the promotion of an employees from clerical cadre to officers cadre.