UTTAR PRADESH UCO BANK Vs. UCO BANK

JUDGEMENT

(1.) We have heard Shri B.N. Singh, counsel for the Petitioners-Appellant. Shri Manoj Misra appears for the Respondent-bank.

(2.) U.P. UCO Bank Workers' Union filed a Writ Petition No. 37571 of 1994 for a direction to quash the order dated 5.11.1994 issued by the bank and the notice dated 9.10.1990 issued by the UCO Bank Divisional Office in respect of the settlement dated 17.6.1994, reducing the house allowance payable to the employees of the Chandpur Branch of the UCO Bank from 10% to 6 & half per cent and for discontinuing the City Compensatory Allowance. Learned Single Judge dismissed the writ petition on 15.10.2008, giving rise to this Special Appeal.

(3.) Brief facts, giving rise to this Special Appeal, are that in pursuance to Bipartite Settlement entered into between the bank as employer and the employees of the bank, the HRA at 10% and CCA at 4% was payable to the employees of the bank at Chandpur in District Varanasi. The bank initiated proceedings under Section 9(A) of the Industrial Disputes Act, 1947 regarding reduction in the rate of HRA and withdrawal of payment of CCA. The Joint Secretary of the UCO Bank Staff Association, U.P. raised an industrial dispute on the subject before the Assistant Labour Commissioner (C), Allahabad on 30.10.1990. After discussions and deliberations on the subject, the dispute was finally taken up in conciliation proceedings on 17.6.1994, and by a Memorandum of Settlement arrived at between the management and the UCO Bank Staff Association, it was decided that the management of the bank will continue to pay HRA and CCA to the employees of their branch at Chandpur (Varanasi) at the rate of 10% and 4% respectively provided the population of Chandpur is included in population of Varanasi Urban Agglomeration as per Census of 1971, 1981 and 1991. The short recital of the case and terms of the settlement dated 17.7.1994 are quoted as below: