NEDUNGADI BANK LIMITED KOZHIKODE Vs. THEIR WORKMEN

JUDGEMENT

(1.) By its Order of 17 October 1959 the Government of India in the Ministry of Labour and Employment has referred to this tribunal a point of difficulty or doubt which in the opinion of the Central Government has arisen as to the interpretation of Paras. 64 and 152 of the award of the All India Industrial Tribunal (Bank disputes), Bombay, in respect of the following matter specified in the schedule to the reference, namely :

(2.) The Nedungadi Bank Limited of Calicut which was a 'D' class bank was upgraded to 'C' class with effect from 1 January 1958. It is a bank in area II. The clerk in a 'D' class bank gets as minimum dearness allowance Rs. 30 and a clerk in a 'C' class bank gets Rs. 45 as minimum dearness allowance. Similarly in the case of the subordinate staff the minimum dearness allowance if in a class 'D' bank is Rs. 25 in area II, and it is Rs. 35 in the same area in a 'C' class bank.

(3.) Paragraph 64 of the Sastry award clearly contemplates upgrading as well as down-grading of banks. It provides that the change over from one group to another should not adversely affect the total emoluments of the existing employees drawn by them on the date of the change-over. But this obviously has reference to a case of down-grading.