On the basis that Abohar was a class IV area the respondents salary was fixed by the Bank on 1 4 54 at Rs.
133/ .
The appellant challenged the Award under Articles 226 and 227 of the Constitution but the High Court accepting the interpretation placed by the Lavour Court on paragraph 292 of the Award dismissed the petition.
On 1 1 49 he was promoted to Grade I so that on the date of his promotion he was drawing a basic pay of Rs.
This latter award, however, was declared void by the Supreme Court on 9 4 51.
86/ p.m. On 1 4 54 toe was employed at Abohar Branch of the Imperial Bank of India and on 15 5 54 he was transferred to Amritsar.
108/ , The Sastry Award prescribed a uniform scale of pay for clerks of Grades I II and gave directions to make fitments in that Grade.
The 2nd respondent disputed the companyputation of the benefits admissible to him under the Award and companysequently applied for a settlement of his dispute under Section 33C 2 of the Industrial Disputes Act XIV of 1947 which was referred to the Labour Court.
On 13 1 48 he earned an increment and his basic pay was Rs.
On 1 1 50 he earned an increment and his basic pay was Rs.
70 4 126 EB 130 5 175.
The Labour Court allowed the application and fixed the basic pay of the applicant under paragraph 292 of the Award at Rs.
The pre Sen scales were those fixed by the Award of an Industrial Tribunal known as Gupta Award admissible to the employees of the Imperial Bank of India, as it then was.
70 4 126 EB 130 5 175 when he was in Grade II and Rs.
The scales applicable to the 2nd respondent who was employed on 13 1 47 in the Calcutta Branch were Rs.
This Bank was subsequently taken over by the State Bank of India under the State Bank of India Act Act XXIII of 1955 .
112/ p.m. and on his transfer to Amritsar, a class 11 area, in companysideration of his length of service he was given three increments and his salary was fixed at Rs.
74/ because of his proficiency in using the machine.
1267 which it is said he was drawing at Abohar, i.e. Rs.
A few months after the respondent was employed he was given a pay of Rs.
148/ p.m. Though the companyrt did number apply Clause 4 b it numberetheless came to the same companyclusion on the basis that Abohar was treated as a class IV area with retrospective effect from 1 4 54 and the calculation on that basis would fix his basic salary at Rs.
126/ on 1 4 54 and on transfer from that area to Amritsar, a class II area, he would get an increment and his salary would be fixed at Rs.
1647.91 for the period from 1 4 54 to 31 12 61.
100/ .
148/ p.m. On a dispute being referred under Section 33C 2 of the Industrial Disputes Act, the Labour Court, Delhi accepted the respondents case that his pay should be fixed at Rs.
164/ p.m. as on 1 4 1954 with directions to the appellant to pay to the respondent a sum of Rs.
The respondents case was that he was entitled to three increments over Rs.
Under the classification in the Bank Award, Abohar was class IV area while Amritsar was a Class II area.
