BANK OF MADURA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, filed on behalf of the management of a non-Nationalised Bank seeks to challenge an award, dated June 17, 1998 given by the Presiding Officer of the Central Government Industrial Tribunal (No. 2) at Dhanbad in Reference No. 26 of 1994. The terms of the reference made under Section 10(1)(d) of the Industrial Disputes Act, 1947 are reproduced below:

(2.) Some of the material facts of the case which are not in dispute may be stated as follows. The Patna branch of the Bank, which is its only branch in this State, was established on September 23, 1976. A certain Anand Kishore Naugarhiya, the workman concerned in the reference, was appointed as a Probationer Clerk by order, dated September 20, 1978 and he joined at the Patna branch of the Bank on September 28, 1978. By order, dated April 10, 1979 he was confirmed in service with effect from March 28, 1979. On December 19, 1992, the workman concerned was "authorised to perform the functions of Special Assistant at Patna Branch." The authorisation to perform the work of Special Assistant carried a permanent special allowance of Rs. 524/- and house rent allowance of Rs. 47.30 per month.

(3.) It is the case of the management that at that time there was no sanctioned post of Special Assistant in the Bank and authorisation to perform the additional work of Special Assistant was made on account of absence of officer(s) who might have gone on leave or in similar other exigencies and the special allowance was paid for doing the additional work in terms of the settlement, dated October 19, 1996. It is clarified that though initially the petitioner-bank was not a party to the 1966 settlement, later by a conciliation settlement between the management and the employees of the petitioner-bank arrived at on September 26, 1997, the parties beyond themselves to the terms and conditions of the 1966 settlement. The authorisation to perform the work of Special Assistant was made in favour of the workman concerned initially for a period of three months which was extended from time to time, some times on verbal directions and some times on the basis of written orders. (Some such orders which were, marked as Exts. M-9 to M-11 before the Tribunal are at Annexure-4 series to the writ petition).