SYNDICATE BANK Vs. GHANSHYAM MADHUKAR

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the order of Labour Court under Section 33-C(2) dated March 9, 1988 whereby the Labour Court has held that the employee was entitled for payment of Rs. 164/- per month in addition to his salary because the bank had given him responsibility of running a cash department.

(2.) Briefly the facts relevant for disposing this petition are that the respondent Ghan Shyam Madhukar was working with the petitioner bank as a clerk. He was posted at Central Accounts Office, New Delhi and he was ordered by the management to maintain petty cash of Rs. 500/- to meet the expenses towards postal stamps and reimbursement of scooter fare etc. with effect from February 6, 1983. He claimed that he was performing all the jobs as expected from a cashier and, therefore, he was entitled for special allowance of Rs. 164/- per month in terms of Bipartite Agreement with the Bank.

(3.) The management had taken the stand that no public dealings or cash transactions relating to banking used to be carried out in Central Accounts Office. The main function of this unit was handling of clearance operation. The provision of special allowance in Bipartite Agreement for handling cash was made for compensating the employees discharging additional duty that of cashier-clerk in-charge of cash at cash counter handling huge amount of cash and holding cash and valuable in joint custody. The clerk who was not doing all these duties and was merely asked to handle Rs. 500/- as petty cash amount, was not entitled for such allowance.