RESERVE BANK OF INDIA Vs. WAMAN BABURAO SHINDE

JUDGEMENT

(1.) Respondent no. 1 joined the services of appellant - Reserve Bank of India in year 1966 in the capacity of a clerk. The Reserve Bank is running a hostel for training of the officers from year 1961 onwards and hostel supervisor is selected from the category of clerks. In year 1978, respondent no. had applied for the post of hostel supervisor and was interviewed and selected. Respondent no. 1 joined the duties of hostel supervisor on June 15, 1982 and was reverted back to the cadre of clerks on August 4, 1984. It is not in dispute that the post of hostel supervisor is an ex-cadre post and the appointee does not cease to be a member of the parent cadre. The union representing the employees of the Reserve Bank sought a reference under Section 10(1)(d) of the Industrial Disputes Act, 1947, and the Central Government, by order dated October 7, 1986, referred the following dispute for adjudication to the Central Industrial Tribunal :

(2.) On receipt of the reference, respondent no. 1 filed a statement of claim, inter alia, claiming that the hostel supervisor has been classified as Class III workman under various Awards and Settlements. It was further claimed that the dominant nature of duties performed by a hostel supervisor are not supervisory in character and, consequently, hostel supervisor is required to be held to be a workman in accordance with Section 2(s) of the Industrial Disputes Act. The management resisted the claim contending that the post of hostel supervisor demands duties which are supervisory in character and merely because hostel supervisor incidentally performs some clerical work, that will not make the holder of the post of workman. Respondent no. 1 gave evidence before the Tribunal and considering the material on record, the Tribunal declared its Award on September 19, 1988, inter alia, holding that the hostel supervisor is not a workman within the meaning of Section 2(s) of the Act. The Tribunal further held that the action of the management of the Reserve Bank of India in denying the benefit of 8 hours duty, weekly rest, national and bank holidays etc. to a hostel supervisor was justifiable. The Award declared by the Central Industrial Tribunal was challenged by respondent no. 1 by filing Writ Petition No. 2038 of 1989 under Article 226 of the Constitution of India before learned Single Judge sitting on the Original Side of this Court. The learned Judge, by the impugned judgment dated July 5, 1993, disagreed with the finding of the Tribunal that the hostel supervisor was not a workman. The learned Judge recorded the finding that the hostel supervisor is a Workman and thereafter remanded the proceedings to the Tribunal for a fresh disposal in the light of the observations made in the judgment. The decision of the learned single Judge is under challenge.

(3.) Mr. Rele, learned counsel appearing on behalf of the appellant, submitted that the learned single Judge was in error in concluding that hostel supervisor is a workman under Section 2(s) of the Act. It was urged that the list of duties allotted to hostel supervisor clearly established that the hostel supervisor performs duties which are supervisory in character. Mr. Rele further submitted that the appointment to the post of hostel supervisor is made from the cadre of the clerks and those who opt for the said post. It was pointed out that the hostel supervisor enjoys several perquisites while discharging the duties and is also entitled to receive special allowance. Mr. Ganguli, learned counsel appearing for respondent no. 1, on the other hand, urged that the decision of the learned single Judge is not required to be disturbed because the dominant nature of duties performed by hostel supervisor are not supervisory in character. Mr. Ganguli further submitted that the post of hostel supervisor is bracketed with the post of clerk in two Awards declared by Iyer in March 1986 and by Dighe in 1983. In view of the rival contentions, short question which requires determination is whether the duties performed by hostel supervisor are supervisory in character.