INDIAN BANKS ASSOCIATION Vs. WORKMEN OF SYNDICATE BANK

JUDGEMENT

(1.) A common award of the Industrial Tribunal in several I.Ds., where the reference was the one and the same, is assailed by the petitioner. In the reference originally 11 Banks were shown in the Annexure-I as parties, but sub-sequently by a communication of the Government of India, Ministry of Labour and Rehabilitation on 21/04/1983, 37 more Banks were added as parties. Even though the present petitioner was not one of the parties either in Annexure-I or Annexure-II, yet we find from the award that it had been allowed to be represented in the dispute proceedings through Counsel, had examined witnesses and was treated as a party to the dispute. Hence, even though the petitioner was directly not impleaded as a party to the award yet since it was a de facto party to the acceptance of all concerned we decide to take up this de facto party to the acceptance of all concerned we decide to take up this petition, at the instance of the petitioner, as being properly presented.

(2.) The moot question that arose for consideration before the Tribunal was whether Deposit Collectors, variously called by different Banks as Tiny Deposit Collectors, Pigmy Deposit Collectors, etc. are entitled to be absorbed in the regular service of the Banks in the clerical cadre and become entitled to the benefits thereof, or if they are not found to be so entitled, what other reliefs are due to them. It is on agreement on all hands that these Deposit Collectors in the different banks have more or less the similar terms of engagement. A sample agreement has been placed before us, entered into on 1/08/1980 by one Deposit Collector, Mr. Umesh R. Pai with the Syndicate Bank wherein the terms reveal of his being appointed as an Adarsh Agent for the Adarsh deposts, which is also described as Pigmy Deposit. For the deposits made by him in the Bank, he is entitled to a commission under the terms. He is to deposit in the Bank every day's collection on the next working day with a statement of account and the counter foils signed by the depositors. He has to make endeavours for enhancement of collections and furnish deposit security of Rs. 500.00 for faithful discharge of his duties and also to furnish every month, 10% of the commission paid by the principal to him or such other further security as may be desired by the principal from time to time. If he is unable to make collections for the reason of his absence, he has to make necessary alternate arrangements for collection of the deposits at his risk and responsibility. If the Agent fails to make any arrangement the Bank is at liberty to make alternate arrangements for the collection of the deposits during the period of the inability of the Agent, to collect the same without reference to him and the security held by the Bank is liable to be applied to recoup any loss or damage caused at the instance of the agent. The agent is liable to summary termination of the agency Or to such other action that the Bank may in its discretion decides upon. Besides he is also liable for such damages or loss as the Bank may sustain by reason of breach of the agreement. The agreement is terminable at any time without notice to the agent. In adjudication of the dispute, large number of documents were exhibited on either side besides examination of 47 witnesses on the side of the Deposit Collectors and 33 witnesses by the management of the different banks. The Tribunal, on analysis of the evidence both oral and documentary and referring to the tests available from the decisions of the Apex Court and other Courts, held the Deposit Collectors as workmen and decided the relief available to them as - (1) that all the Deposit Collectors and agents, who were below the age of 45 years on 3/10/1980 (the date of the first reference of the ID), shall be considered for regular absorption for the post of Clerks and Cashiers if they are matriculates and above including qualified Graduates and Post Graduates, and they may he taken to Bank service as regular employees, if they pass the qualifying examinations conducted by the Banks. Those who are absorbed 5are to be treated on par with regular clerical employees of the Bank; (2) those who are qualified with 8th Class or below Matriculation are to be considered for absorption as substaff by conducting qualifying examination; (3) The Deposit Collectors and Agents who are above 45 years of age as on 3/10/1980 and also those who are unwilling to be absorbed in Regular Bank's service are to be paid the full back wage of Rs. 7501.00 per month linked with minimum deposit of Rs. 7,500.00 per month and should also be paid incentive remuneration of 2% for collection over and above Rs. 7,500.00 per month; (4) They should also be paid uniform conveyance allowance of Rs. 5O.00 per month for deposits of less than Rs. 10,000.00 and Rs. 100.00 per month for deposits of more than Rs. 30,000.00 per month and should be paid gratuity of 15 days commission for each year of service rendered.

(3.) The enhancement, so far as the percentage of commission is concerned is from 3% to 10% so far as the collection upto Rs. 7,500.00 per month is concerned. It has been submitted, on 0 facts, by Mr. K. Srinivasa Murthy learned senior Counsel appearing for the petitioner, that an Agent was being paid 3% Commission upto the collection of Rs. 20,000.00 and after that at the rate of 3.5%/