Manager, Bank of Rajasthan Ltd. Vs. Regional Labour Commnr. & Ors  Insc
61 (5 February 2001)
Mohapatra & Shivaraj V. Patil. D.P.Mohapatra, J.
controversy raised in this appeal relates to the question whether certain
part-time sweepers serving under the Bank of Rajasthan Limited, appellant
herein, are entitled to scale of wages or only fixed wages . From the materials
available on record it is clear that according to the settlement arrived at
between the management of the Bank and the Union representing the workmen those
part-time sweepers who were working for more than six hours in a week were
entitled to the benefit of scale of wages and the sweepers rendering service
for less than six hours in a week were to receive fixed wages.
dispute raised by the General Secretary of the Bank Workers Union Respondent
No.4, the Central Government referred the following dispute to the Industrial
Tribunal for adjudication :
the action of Zonal Manager, Bank of Rajasthan Limited, Zonal Office, New Delhi, in not giving the salary to all
the nine employees named below, employed in 8 different branches of the bank as
part time sweepers is legal and valid ? If not, to what relief the workmen are
entitled to ?
Industrial Tribunal disposed of the case, I.D.No.38/91 by the Award dated 26th December, 1994, on the following terms :Both the parties had agreed for inspection of the site in order to ascertain
the number of working hour. On the basis of the inspection report the Chart
Ex.M-1 was filed by the management and the workmen union accepted the Chart
Ex.M-1 and stated that the claim for rest of the money be dismissed. The
Management Representative also agreed to this. In view of this situation it is
ordered that the payment according to the Chart Ex.M-1 be made to the workmen
and, their claim for rest of the amount/points is dismissed.
shall bear their own costs of the dispute.
aggrieved by the Award the appellant filed C.W. No.2235/98 and C.M.No.3635/98
before the Delhi High Court which were disposed of by the single Judge by the
Order dated 2.9.1999, confirming the Award with a modification regarding the
award of interest. The operative portion of the Order reads:
view of the above, the impugned award does not call for any
interference/judicial review as far as merits of the award is concerned under
Article 226 of the Constitution of India except to the extent of the grant of
12% interest. In view of the above, the impugned award is set aside/modified to
the extent of the grant of 12% interest. Rest of the award does not call for
any judicial review. The petitioner shall comply with the modified award as
above within eight weeks from today." Against the said order of the single
Judge the appellant filed an appeal, L.P.A.No.483/1999 which was dismissed by@@
the Division Bench by Judgement/Order dated 4.11.1999 holding inter alia that from the papers
on record it was clear that the respondents were putting in work for more than
one hour per day, and therefore, they were rightly given the benefit by the
Central Government Industrial Tribunal. The present appeal filed by the Bank is
directed against the said Judgment/Order.
Order dated 9.5.2000 this Court while issuing notice confined the question to be
examined to whether the Tribunal was justified in
awarding back wages in favour of the workmen Mrs. Dhanpati Devi
and Jai Bhagwan from the date of their respective appointments.
not disputed before us that the controversy raised in the present proceeding is
confined only to the aforementioned two workmen. The question is whether they
are entitled to back wages from the respective dates of their appointments or
from any other subsequent date. From the facts noted in the preceding
paragraphs it is clear that the dispute regarding the claim of scale wages was
decided by the Industrial Tribunal by the Award passed on 26th December, 1994.
The Award was passed on determination of the question whether these workmen
were rendering service for more than six hours in a week. On the materials
placed before it the Tribunal accepted the case of the Union that the workmen
concerned were infact rendering service for more than six hours a week and
rejected the case of the management to the contrary.
facts and circumstances of the case discussed in the preceding paragraphs it is
our view that the calculation of the back wages on the basis of the entitlement
as held in the award should be made from the date of the award i.e. 26th
December, 1994. The Award passed by the Central Government Industrial Tribunal
as confirmed by the High Court stands modified to this extent only. The appeal
is disposed of on the above terms. No cost.