- (1.) This appeal is filed against an award made by the Industrial Tribunal, Kanpur on a reference made to it on the following question : "Whether the action of the management of Bank of India in not paying special allowance to the staff posted at clearing house of Lucknow, Agra, Unnao, Varanasi and Kanpur as per list enclosed is justified If not to what relief were the workmen entitled -
(2.) The Tribunal held that the concerned workmen are entitled for special assistant allowance for the number of days they have worked at various collection centres and the same shall be payable for the number of days they have actually worked with effect from the date of reference. The workmen in question worked at various centres including Collection Centre, Kanpur, Lucknow and Varanasi and Main Branches, Agra and Unnao of their Banks as detailed in Annexure thereof. They claimed that they performed the duties as authorised representatives of the Bank of clearing house at the Reserve Bank of India, Kanpur and State Bank in clearing house at the Reserve Bank of India, Kanpur and State Bank of India, Lucknow, Agra Unnao and Varanasi which fall under the duties of Special Assistant. The workmen claimed that they are checking or scrutinizing all the schedules and/or vouchers received along with the cheques and other instruments as per para XIX (III) of Appendix 'b' of 1st Bi-partite Settlement dated 19/10/1966. The workmen claimed that they are entering each cheque, demand draft, pay slips, etc. with their respective credit voucher i. e. , Branch Debit Note drawn on Regional Collection Centres and Main Branch is clearing house register and balancing as per paragraph 45.5 of Manual of Instruction, Volume 1, Chapter 127 to the following effect: "Particulars of all cheques drawn on other local clearing banks received by the Branches for collection should thereafter be sorted and listed bankwise. The total of cheques entered in the clearing cheques register should agree with the total amount of cheques listed on all the clearing schedules and also with the total amount of the relatives paying-in- slips. "
(3.) The workmen further claimed that the cheques/instruments are sorted bankwise and posted the cheques etc. in totalling and numbering as per paragraph 45.5 of Manual of Instructions; that the workmen are to check crossing and clearing stamp on each cheques and other instruments on front face of these instruments and endorsement stamps of the bank on each instrument; that the checking of total in 'list of Cheques' with the books of the Bank i. e. clearing cheques register, mentioned in each sheet for the different bank; that checking each list of cheques in clearing schedule of the bankwise with cheque numbers in the column "delivered" in left hand side drawn on other banks and totalling all the amounts of the cheques mentioned in the different list of cheques register, that the workmen receive various cheques, demand draft, pay slip and other instruments in the clearing house from different banks and also make the entry in the column 'received' bankwise with cheque numbers in the right side and totalling all the amount and cheques mentioned in their different sheets of the bank; that the checking is for the correctness of endorsement crossing stamp, clearing stamps, date of the returning of the cheques, date of the cheques, comparison of cheques and totalling the amount delivered by the different banks as per para III (xi) and (iii) of Appendix B of Bi-partite Settlement; that the workmen prepare debit and credit vouchers according to cheques and the instruments after checking the clearing schedule on account of cheques received from other banks daily; that the workmen also sign the difference of the entries such as to pay or receive in the independent capacity of authorised representative of clearing house as 'clearing in-charge' at the Reserve Bank of India and State Bank of India on behalf of the Bank in the clearing house after delivering and receiving the different instruments in sheet for submissions and receiving the different instruments in sheet for submission to the Reserve Bank of India and State Bank of India; that the workmen are holding bank's valuable cheques, drafts and other instruments signally and are accountable for them and are responsible for the clearing department of the bank and prepare, sign independently clearing and transfer vouchers such as to pay or receive on account of the cheques delivered or received from different banks through the sheet in the bank account mentioned by the Reserve Bank of India and the State Bank of India which constitute the additional duties and functions requiring the greater skill and responsibility over and above the routine duties of the workmen in terms of Para III (I) (xi) (ii).;