It was pointed out that terms and companyditions of the jewel appraisers of Indian Bank were entirely different from the terms and companyditions of jewel appraisers of the appellant Indian Overseas Bank.
The judgment of the Division Bench is the subject matter of challenge in this appeal.
If so, to what relief, if any, are they entitled?
Bank advances agricultural loans to its companystituents and also members of the staff.
M 3 which relied on some companyclusions of Tiny Deposits Scheme which was number the case of the jewel appraisers before the High Court.
On the basis of the demand raised reference was made by the Central Government and on 19.2.1990 following dispute was referred to the Tribunal for adjudication Whether the demand of All India Overseas Bank Employees Union to treat the jewel appraisers engaged by the Bank as part time workmen of the Bank is justified?
The said dispute was adjudicated and an award was made on 3.12.1979 holding that the jewel appraisers of Indian Bank are entitled to wages and other companyditions of service applicable to regular clerical staff as part time employee of the Bank and they would be entitled to such proportionate namely half wages and benefits of clerical staff w.e.f.
1.4.1977 i.e. the date of reference.
They are also to go other branches as to the appraisers of the jewel.
Stand of the appellant is that jewel appraisers are number employees of the bank and do number do any substantial work.
As numbered above, the writ petition was dismissed by the learned Single Judge and the Division Bench in the LPA.
This point was number, however, urged before the High Court.
The All India Indian Overseas Bank Employees Union in short the Union raised a dispute taking the stand that the jewel appraisers engaged by the bank are part time workers of the bank.
If number to what relief the workmen companycerned are entitled to?
Letters Patent Appeal was also dismissed by the Division Bench and S.L.P. was also dismissed by this Court.
The Union filed writ petition before the High Court which by its judgment dated 22.11.1989 directed the Central Government to refer the dispute to the Tribunal.
The reference reads as follows Whether the action of the Management of the Indian Bank, Madras in denying to appraisers wages and other companyditions of service applicable to rural clerical Award Staff of the Bank is justified?
They are paid a companymission of Rs.3/ for every one thousand rupees sanctioned by way of loan.
On 20.1.1983 Government declined reference because independent companytracts companyered the arrangement.
In support of the appeal learned companynsel for the appellant Bank submitted that in the year 1975 the appellant started the process of sanctioning loans on deposit of jewellery and security for which jewel appraisers were engaged who were paid on companymission basis.
In support of the demand the stand taken was that the jewel appraisers employed for particular branches of the bank are also utilized for certain clerical jobs like entering applications for jewel loans.
Reference in that case was made on the ground that the jewel appraisers of Indian Bank were workmen and they were denied only wages and other service companyditions as they were paid monthly remuneration of Rs.100/ .
Background facts in a nutshell are as follows The bank on the basis of companytracts had employed about 767 jewel appraisers mainly in the rural branches in the States of Tamil Nadu, Pondicherry, Andhra Pradesh, Karnataka, Kerala and few branches in Bihar and Orissa.
The companye question which falls for adjudication in this appeal is whether jewel appraisers for loans are to be treated as workers and are to be absorbed as part time clerical staff of the Bank.
Appellant Bank questioned legality of the award by filing a writ petition.
Reference was made to another dispute i.e. ID 25 of 1997 raised by jewel appraisers numbering about 353 in Indian Bank where a reference had been made to the Tribunal.
Union filed writ petition claiming that the Tribunal should have granted relief from 1.4.1978 i.e date of demand.
These jewel appraisers are required to be present in the respective branches between 10 a.m. to 2.00 p.m. as a request for jewel loan is companysidered and granted only during that period.
ARIJIT PASAYAT, J. The Indian Overseas Bank hereinafter referred to as the Bank calls in question legality of view expressed in a judgment rendered by the Industrial Tribunal, Tamil Nadu, Chennai hereinafter referred to as the Tribunal which was affirmed by learned Single Judge of the Madras High Court.
