MAHESH PRASAD AGNIHOTRY Vs. TRIVENI KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) By means of the present writ petition the petitioner is challenging the order of the Labour Court dated 28.12.2006 in LCA No. 245/96 in proceedings initiated under section 33-C(2) of the Industrial Disputes Act, 1947. The case of the petitioner, in brief, is that he was engaged as a messenger with effect from 8.4.1985 in the establishment of Allahabad U.P. Gramin Bank-respondent No. 3 (hereinafter referred to as the Bank) and that inspite of the fact that he was engaged as a full time messenger he was only being paid salary of a part time messenger. The petitioner represented several times to the Bank for being paid full time salary of a messenger but no action was taken by the Bank. However, he was nevertheless declared a full time messenger with effect from 1.10.1992 vide order dated 28.10.1992.

(2.) It has also been stated that certain writ petitions were filed by the Association of Regional Rural Bank Employees before the Hon'ble Supreme Court and the Hon'ble Supreme Court was pleased to dispose of those writ petitions by order dated 1.9.1987 in the following terms:

(3.) As per the directions given by the Hon'ble Supreme Court, the Central Government constituted a Tribunal headed by a retired Chief Justice of Andhra Pradesh High Court as Chairman of the National Industrial Tribunal and referred the dispute to the said Tribunal. The disputes referred to the Tribunal related to pay, salary, other allowances and other benefits payable to the employees of the Regional Rural Banks. The Tribunal gave its Award on April, 30, 1990 wherein the Tribunal held that upto 31.8.1987 the employees of the Regional Rural Banks should be extended the pay scale and allowance as are admissible to the State Government employees in co-operable posts and status and with effect from September, 1, 1987 the said employees will be entitled to pay scales, allowances and other benefits at par with the employees of comparable levels in corresponding post of respective sponsor Banks. The Hon'ble Supreme Court further directed that the Award of the National Industrial Tribunal shall be treated as an Award of a Tribunal under the Industrial Disputes Act, 1947 and it will be open to the employees of Regional Rural Banks irrespective of the fact whether they fall within the ambit of the expression 'workman' as defined in section 2(S) of the Industrial Disputes Act or not, to seek their remedies for implementation of the Award in respect of those matters before the appropriate Forum under the Industrial Disputes Act, 1947.