SHYAM LAL Vs. PRESIDING OFFICER, CGIT AND ORS.

JUDGEMENT

(1.) THE appellant was appointed as Sepoy, Subordinate Staff in Bank of India on 18th February, 1972 and was promoted to clerical staff on 1st April, 1981. Subsequently, he raised an industrial dispute through staff union and the following Reference was made:

(2.) INDUSTRIAL Tribunal noticed that a junior to the appellant, Mr. T.C. Ramola was granted Special Allowance. Reference was made to the Bipartite Settlement and it was held that the appellant herein should be also paid Special Allowance for the period 11th November, 1980 till he was promoted as a Clerk on 1st April, 1981. Industrial Tribunal clearly observed that only special allowance was paid to Mr. T.C. Ramola and there was no promotion as such and therefore the benefit of Special Allowance would not be available to the appellant after his promotion to clerical cadre w.e.f. 1st April, 1981. The award records that the appellant being the senior most should have been offered the posting in writing as it carried a special allowance. However, it was not a promotion. The said Award was made by the Industrial Tribunal on 14th May, 1998.

(3.) THE appellant herein filed a writ petition claiming that he is entitled to benefit of special allowance even after appointment to Clerical cadre, which was dismissed by the impugned Order dated 13th February, 2002. 5. We do not agree with the learned Counsel for the appellant that in view of the terms of Reference, the Industrial Adjudicator was not competent to pass the aforesaid Award and give "partial relief". While deciding the reference, the Industrial Adjudicator was required to go into the question whether the appellant herein was entitled to Special Allowance and if so for which period. Industrial adjudicator as per the terms of reference was required to decide what relief the workman was entitled to. Industrial Tribunal could certainly decide the question whether Special Allowance is payable even after the appellant was promoted as a Clerk w.e.f. 1st April, 1981 and became entitled to clerical salary. We agree with the learned Single Judge that the directions given by the learned Tribunal fall within the scope of the reference itself.