On 30.4.1990 the National Tribunal passed an award directing that the officers and employees of the RRBs.
That writ petition No.
will be entitled to claim parity with their companynterparts in the sponsor bank in the matter of pay scale with effect from 1.9.1987.
By judgment dated 27.1.1992 the Patna High Court which was dealing with similar issues granted liberty to Government and RRB to reduce the said allowance.
On 31.7.1991, arose the starting point of companytroversy so far as the present dispute is companycerned.
1 SBI issued a circular stating that there is numbercomparable post of clerk or cashier holding keys as Joint Custodian in SBI and as per Government of India and as per Government of Indias instructions, cashier in charge holding keys will be entitled to allowance of Rs.189/ per month and number Rs.380/ per month.
It is accepted that NABARD in its letter dated 21.4.1992 wrote to all RRBs as follows Please refer to instructions companytained in Finance Ministry Banking Division letter No.
The writ petition filed by respondent was allowed by a learned Single Judge of the Karnataka High Court.
Challenge was raised by the employees of another RRB i.e. Nagarjuna Gramin Bank which was also sponsored by SBI before Andhra Pradesh High Court.
A Division Bench of the Andhra Pradesh High Court held that employees are entitled to allowance at the rate of Rs.189/ and number at the rate of Rs.380/ per month.
On 16.1.1991 Government of India companystituted an Equation Committee pursuant to the observations made in the Award wherein it was provided that allowances and benefits which are provided in the Bipartite settlement of the companycerned sponsored bank may be extended to the RRBs employees.
It is to be numbered that NABARD was number a party in the writ petition.
On 9.6.1989 an agreement was entered into between the State Bank of India and its federation, called the Fifth Bipartite Settlement wherein revised functional allowance for workmen was agreed to be paid and each cashier in charge of cash was to be paid allowance of Rs.380/ per month.
According to the appellants, on an erroneous reading of the award and without appreciating the fact that there is numberpost of Joint Custodian of Keys in the sponsor bank i.e. State Bank of India, the RRBs.
Stand of the respondent on the other hand appears to be that the appellants have relied on the alleged circular of NABARD dated 21.4.1992 purportedly issued in exercise of power under Section 38 of the NABARD Act, 1981.
There is numberstand taken by the respondent that the NABARD did number have the companysent of the Government of India.
This companyrt directed the issues to be referred to a National Industrial Tribunal in short the National Tribunal .
This was issued by the appellant No.
On 22.2.1991 Government of India issued instructions to all sponsor banks and RRBs for implementing NIT award and recommendation of the Pay Equation Committee.
On 26.11.1987 the National Tribunal was companystituted by the Government of India to companysider the disputes relating to pay, salary and allowances payable to the employees of RRBs.
On 21.4.1992 NABARD issued a Circular to all sponsor banks including SBI stating that of RRBs special allowance of only Rs.189/ shall be payable.
The order of learned Single Judge of the Karnataka High Court was challenged before the Division Bench in Writ Appeal which as numbered above was dismissed.
The re designation of the post due to change of job profile subsequent to the circular cannot be the basis of special functional allowance since the original determination of such allowance was made on the basis of the existing job profile which in the case of appellant No.
filed Writ Petition Nos.
This order of NABARD was issued with the prior approval of the Government of India.
The appellant No.
11 3/90 RRB I dated 22nd February, 1991 on the captioned subject.
7149 50 of 1982 and Writ Petition No.
The respondent Union filed writ petition before the High Court.
issued a circular stating that Joint custodian of Keys junior senior clerk will be eligible for a cash allowance of Rs.380/ per month.
On 10.4.1989 Industry Level Fifth Bipartite Settlement was signed between 54 Banks and their associations, wherein inter alia agreed that special allowances for clerical staff would be payable to the employees of 54 sponsor Banks, and Cashier in charge of cash would be entitled to special allowance of Rs.189 per month.
CIVIL APPEAL NO.
132 of 1984 under Article 32 of the Constitution of India, 1950 in short the Constitution challenging salary structure in these Banks.
Post of cashier in charge of the sponsored bank and in the appellant No.1 in fact existed and there existed a basis for parity.
2790 OF 2006 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court dismissing the writ appeal filed by the appellant.
23469 of 1991 was filed praying for quashing circular dated 21.10.991 issued by the appellant No.
2 RRB also issued similar circular clarifying that Joint Custodian allowance shall be paid at the rate of Rs.189/ as per Industry Level Settlement instead of Rs.380/ per month.
Another RRB i.e. Nagarjuna Gramin Bank on 8.8.1991 which is also sponsored by appellant No.
Background facts in a nutshell are as follows On 1.9.1987 employees of Regional Rural Banks in short the RRBs.
