148/ p.m. Though the companyrt did number apply clause 4 b it numberetheless came to the same companyclusion.
70 4 126 EB 130 5 175 when he was in Grade II and Rs.
126/ on 1 4 54 and on transfer from that area to Amritsar, a class 11 area, he would get an increment and his salary would be fixed at Rs.
Award another Award known as the Sen Award was given on 12 8 50.
under section 33C 2 of the Industrial Disputes Act XIV of 1947 which was referred to the Labour Court.
The respondents case was that he was entitled to three increments over Rs.
In that case the respondent had entered the Banks service on, 20 2 43 and on the 31st January 1950 he was getting a salary of.
126/ which it is said he was drawing at Abohar, i.e. Rs.
In addition, the work man will be entitled to draw his numbermal increment for 1954 on 1st April 1954.
companysequently applied for a settlement of his dispute.
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/ .
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.
112/ p.m. and on his transfer to Amritsar, a class II area, in companysideration of his length of service he was given three increments and his salary was fixed at Rs.
Respondent No.
On 1 1 50 he earned an increment and his basic pay I was Rs.
100/ .
567 of 1966.
2 appeared in person.
108/ .
Under the classification in the Bank Award, Abohar was class IV area while Amritsar was a Class 11 area.
86/ p.m. On 1 4 54 he was employed at Abohar Branch of the Imperial Bank of India and on 15 5 54 he was transferred to Amritsar.
The scales applicable to the 2nd respondent who was employed on 13 1 47 in the Calcutta Branch were Rs.
This latter award, however, was declared void by the Supreme Court on 9 4 51.
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.
The 2nd respondent disputed the companyputation of the benefits admissible to him under, The Award and.
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.
CIVIL APPELLATE JURISDICTION C.A. No.
On 13 1 48 he earned an increment and his basic pay was Rs.
70 4126 EB 130 5 175.
The Judgment of, the Court was delivered by Jaganmohan Reddy, J. This appeal by certificate raises a question as to the interpretation and proper application of paragraph 292 of the Sastry Award hereinafter called the Award .
The Sastry Award prescribed a uniform scale of pay for clerks of Grades 1 11 and gave directions to make fitments in that Grade,.
A, few months after the respondent was employed he was given a pay of Rs.
74/ because of his proficiency in using the machine.
T. Desai, H. L. Anand, V. N. Koura and Ashok Grover, for the appellant.
This Bank was subsequently taken over by the State Bank of India under the State, Bank of India Act Act XXIII of 1955 .
Appeal from the Judgment dated the April 24, 1967 of the Patna High Court in Civil Writ Jurisdiction Case No.
1270 of 1968.
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.
Thereafter each succeeding years annualincrement shall take effect as and from 1st April of that year.
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.
