A further requirement was that the stenographers and personal assistants should have worked for at least 5 years as such this companydition was thought necessary because it was possible that some of them may have been employed as typists for some time.
In the meantime on October, 10, 1979 the impugned Circular No.
On June 16, 1979 the order referring to the National Tribunal at Bombay the dispute between the Bank and the class III workmen was made.
8 to remedy the alleged adverse effect suffered by the stenographers as a result of Circular No.
On January 23, 1976 by Administration Circular No.
The companyplainants who were clerks grade I had passed the test in the panel year 1978 79 and were empanelled for promotion to the post of staff officer grade A. The grievance made in the two companyplaints is that the result of the changes introduced in the promotional scheme by Circular No.
The High Court however made certain recommendations to avoid frustration and dissatisfaction among the stenographers.
The dispute as described in the schedule to the order of reference related to specific matters pertaining to class III workmen enumerated in the schedule.
NTB 2 3 of 1980 in Reference No.
The main grievance seems to have been that by the said Circular No.
They were to be fitted according to the length of their service in the panel for the year in which they passed the test and number in the next panel as before.
6 was issued.
On November 21, 1979 the Bank and the Association applied to the Tribunal jointly for making an award on the basis of the settlement.
The said three types of employees were required to pass both parts I and II of the Institute of Bankers examination, or if they were graduates, in part I only.
Appeals by special leave from the Award dated the 3rd September, 1980 of the National Industrial Tribunal at Bombay in Complaint No.
6 as invalid.
The latter Association is the one which is recognised by the Bank.
The four appellants in civil appeal 3150 of 1980 are also employees of the Reserve Bank of India, Bombay, one of whom is a clerk grade I and the other three are officiating as staff officers grade A. How the appellants in Civil Appeals 2607 and 3150 are affected by the Award will appear from the facts stated below.
This benefit of exemption which was available to the clerical staff of 15 years standing previously was extended to those of them who had put in only 10 years service.
8 relating to personal assistants, stenographers, tellers and the clerical staff The eligibility period so far as these three types are companycerned was reduced from 15 years to 10 years service.
On June 16, 1979 the Government of India, Ministry of Labour, in exercise of powers companyferred by section 7B of the Industrial Disputes Act, 1947 companystituted a National Industrial Tribunal with headquarters at Bombay and referred to it for adjudication an industrial dispute existing between the Reserve Bank of India and their class III workmen.
The All India Reserve Bank Employees Association filed a writ petition in the Calcutta High Court in July 1979 challenging this order of reference.
NTB 1 of 1979.
NTB 1 of 1979.
2607 of 1980 Appeal by special leave from the Award dated the 3rd Sept. 1980 passed by the National Industrial Tribunal, Bombay in Complaints Nos.
It was suggested that the Reserve Bank may frame suitable rules for fixing the seniority among the staff officers, grade II, on some rational and equitable principles, i.e., by length of service or marks obtained at the qualifying examination or by adopting a reasonable ratio between the two classes, so that the chances of further promotions for the stenographers may number be illusory.
The High Court at Calcutta issued an injunction restraining the National Tribunal from adjudicating on the reference until the writ petition was disposed of.
Their period of training on clerical desk was reduced from 1 year to six months.
NTB 2 and NTB 3 of 1980 arising out of Reference No.
6 in the scheme of promotion set out in Circular No.
The circular further provided that an estimate of the vacancies anticipated to occur in each office during a panel year i. e. from September 1 to August 31, was to be declared by the Bank in advance and the number of candidates in that office to be called for the test to fill the vacancies in that office was number to exceed twice the number of such vacancies.
NTB 2 3 of 1980 in Reference No.
2815 16/80, for Respondent No.
The following changes were introduced by Circular No.
Feeling that the aforesaid circular No.
2 4 and 6 39 in CA.
The appellants in both these appeals are obviously affected by the Award allowing the companyplaints and declaring circular No.
CIVIL APPELLATE JURISDICTION Civil Appeals No.
2 and 3 of 1980 on which the impugned award has been made were filed respectively on July 22, 1980 and August 1, 1980.
K. Bisaria for RR.
This judgment was delivered on March 5,1973.
WITH CIVIL APPEAL NO.
3150 of 1980 Appeal by Special leave from the Award dated 3rd September, 1980 passed by the National Industrial Tribunal, Bombay in Complaints Nos.
NTB 1 of 1979.
AND CIVIL APPEAL NO.
S. Nariman R.A. Shroff, H.S. Parihar and Shradul S. Shroff, for the Appellant in CAS 2815 16/80, for Respondent No.
1 in CA.
Hence numberhing turns upon the place fixed in the panel.
8 adversely affected them, the Stenographers filed a writ petition in the Andhra Pradesh High Court challenging the validity of the circular.
8 introducing a revised scheme for promotion of employees as Staff Officers Grade A. This Circular No.
The facts leading to the making of the companyplaints under section 33 A are as follows.
K. Venugopal, C.N. Murthy and P.P. Mittal 1980 for the Appellants.
2815 16/80.
2815 2816 of 1980.
3150/80.
3 40 67 in CA.
2 in CA.
8 prescribed as a companydition for promotion passing a test companysisting of three papers on the following subjects numbering, drafting, precis essay writing, ii Reserve Bank of India Act, and iii functions and working of the Reserve Bank of India.
The companydition requiring stenographers and personal assistants to put in 5 years service as such was dispensed with.
A further companydition relating to these three types of employees, tellers, stenographers and personal assistants, was that they companyld be called to appear in the test only if a clerical candidate of the same length of service found a place within twice the number in the companybined seniority list.
The two companyplaints companyplaint Nos.
Those of them who would pass the test were to be posted on the clerical desk for one year for acquiring experience and thereafter they were to be absorbed in the next list to be prepared on the result of the test succeeding the one in which they had passed.
Candidates who had passed in either or both these subjects in part I of the Institute of Bankers Examination were exempted from appearing in the companyresponding part or both parts of this paper.
Candidates with less than 15 years service in class III cadre at the time of the test and who had number passed in the subjects Practice and Law of Banking and Book keeping and Accounts in Part I of the Institute of Bankers Examination were to appear and pass in an extra paper divided into two parts on the aforesaid two subjects.
In the months of March and November, 1973 charters of demand were submitted respectively by the All India Reserve Bank Workers Organisation and the All India Reserve Bank Employees Association.
K. Ramamurthy, P.S. Khera and S.K. Dawar, for RR 2 70 in CAS.
They were to rank in seniority below the juniormost successful candidate in the test in which they qualified.
N. Murthy and P. P. Mittal for Respondent No.
2607/80 for Respondent No.
The schedule listed 35 matters in all, item No.
8 they were placed en bloc below the clerks which made the chances of promotion so far as they were companycerned illusory.
On May 13, 1972 appellant Reserve Bank of India, Bombay, had issued Administration Circular No.
12 of which is described as Promotion.
An employee in the substantive rank of teller, stenographer grade II, stenographer grade I or personal assistant was eligible to appear in the test under this circular provided he had put in a minimum period of 15 years service in class III cadre.
1 in C.A. 3150/80.
K. Sen, A.K. Gupta, Brij Bhushan, N.P. Mahendra and Miss Renu Gupta, for the Appellants in CA.
3 in CA 2607/80 for Respondent Nos.
Those who are graduates among these three groups, even if they had number passed in all the subjects in part I of Indian Institute of Bankers examination, would be eligible for exemption from appearing in the additional paper on Practice and Law of Banking and Book keeping and accounts if they had passed in these two subjects in the said examination.
5 the Bank modified Circular No.
The Judgment of the Court was delivered by GUPTA, J. These are four appeals by special leave from an Award of the National Industrial Tribunal, Bombay, made on September 3, 1980 disposing of two companyplaints under section 33 A of the Industrial Disputes Act, 1947 holding that the employer, Reserve Bank of India, Bombay had changed to the prejudice of the companyplainants their companyditions of service by modifying the existing scheme of promotion during the pendency of a reference before the Tribunal and had thereby companytravened the provisions of section 33 1 a of the Act.
In civil appeal 2607 of 1980 the appellants are some of the stenographers employed in the Bombay office of the Reserve Bank of India.
Civil Appeals 2815 and 2816 of 1980 have been preferred by the Reserve Bank of India, Bombay.
A settlement was thereafter reached between the Bank and the All India Reserve Bank Employees Association and the injunction was vacated.
