SUSHIL KUMAR DAS Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) In this Writ petition 78 Class III employees of the Reserve Bank of India, Calcutta Branch and the Reserve Bank of India, Calcutta Branch and the Reserve Bank of India Staff Association, Calcutta, the Trade Union of which they belonged have prayed for a writ of mandamus directing the respondents to cancel and recall the concerned orders relating to th4 deduction of salaries of the petitioners for the months of April to July and upto 14the August 1982 including the Reserve Bank of India, Calcutta Circular No. 5 dated 13.5.1982 which is annexure 'F' to the petitioner and further directing them to repay the salaries which were deducted. The respondent Nos 1 to 6 are the Reserve Bank of India and its officers (the respondent No. 7 being the Union of India) who have filed return to the writ petition.

(2.) The background to the dispute may be briefly stated.

(3.) On the 16th June 1979 the Central Government referred the industrial dispute between the employers in relation to Reserve bank of India and their class III workmen in respect of matters including "work procedure and work norm" which is relevant for the present purpose, to a national industrial tribunal in Bombay presided over by Mr. Justice Chintaman Tukaram Dighe, a retired High Court Judge. The said tribunal made the Award dated 4.12.1981 commonly known as Dighe Award which was published on 16.1.82 and came into force on 16.2.82. On the question of quota of notes to be examined by the Class III workmen of the Note Examination and Verification Section of the Cash Department of the Reserve Bank it is stated in Dighe Award that he Reserve Bank is entitled to raise the quota of each category by 15% subject to their study in the position and making further changes by following the appropriate procedure. Thereafter on 1.4.82 the Reserve bank of India, Calcutta Branch (hereinafter called the Bank) issued an office order for increase in the quota of work by 15% in the Note Examination and Verification Section with effect from 12.4.82.