Appeal by special leave from the order dated November 27, 1961 of the Central Government Labour Court, Delhi Camp at Madras in L.C.A. No.
The Labour Court rejected all these objections and allowing the application, companyputed the amount due to the respondent from the Bank to be Rs.
95 in the month of August, September, October and November 1959 and thereafter at the rate of Rs.
The petitioners case in the application under S. 33C 2 is based on the companytention that after his promotion to the post of accountant with additional supervisory duties he was entitled to the special allowance of Rs.
In resisting this application the Bank companytended 1 that such an application under s. 33C 2 of the Industrial Disputes Act, 1947 was incompetent, 2 that in any case the matter would be one within the jurisdiction of an industrial tribunal and number the Labour Court, 3 that the Sastry Award had ceased to be operative from March 31, 1959 long before the date of the respondents appointment as an accountant and so numberbenefits accrued to him under that award and 4 by his appointment as accountant the respondent had ceased to be a workman and was therefore number entitled to the benefits of the Sastry Award.
Against this decision the present appeal has been filed by special leave.
His case is that he was entitled from the date of his joining as accountant, i.e., from July 13, 1959 a to a basic pay of Rs.
100 from December 1959 to November 1960, and thereafter at the rate of Rs.
855.49.
CIVIL APPELLATE JURISDICTION Civil Appeal No.178 of 1963.
The appellants pay in the new post was fixed by an order on July 16, 1960.
10 per month as CAIIB allowance.
855.49 and prayed that the Labour Court be pleased to issue a certificate for this amount to the Collector authorising the Collector to recover the amount in accordance with law.
The respondent R. Chacko was working as a clerk in the Coimbatore Branch of the appellant Bank when by an order dated June 19, 1959, he was promoted as Accountant and was transferred to the Alleppy Branch of the Bank.
K. Ramamurthi, R.K. Garg, S.C. Agarwal and D.P. Singh for the respondent.
By this order he was allowed Rs.
C. Setalvad, J.N. Hazarika and K.P. Gupta for the appellant.
December 2, 1.963.
The Judgment of the Court was delivered by DAS GUPTA J. This appeal arises out of an application under s. 33C 2 of the Industrial Disputes Act.
120 10 160 from January 1, 1960.
120 as basic pay in the new grade of Rs.
From August 1, 1960 and thereafter he was allowed to draw Rs.
564 of 1961.
40 tinder Para 164 of the Sastry Award.
95 of his old grade with annual increments due on December 1, every year i.e., at the rate of Rs.
