ARIJIT PASAYAT, J. - (1.) THE Indian Overseas Bank (hereinafter referred to as the 'Bank') calls in question legality of view expressed in a judgment rendered by the Industrial Tribunal, Tamil Nadu, Chennai (hereinafter referred to as the 'Tribunal') which was affirmed by learned single Judge of the Madras High Court. THE judgment of the Division Bench is the subject-matter of challenge in this appeal.
(2.) THE core question which falls for adjudication in this appeal is whether "jewel appraisers for loans" are to be treated as workers and are to be absorbed as part time clerical staff of the Bank. Stand of the appellant is that jewel appraisers are not employees of the bank and do not do any substantial work. Background facts in a nutshell are as follows : The bank on the basis of contracts had employed about 767 jewel appraisers mainly in the rural branches in the States of Tamil Nadu, Pondicherry, Andhra Pradesh, Karnataka, Kerala and few branches in Bihar and Orissa. Bank advances agricultural loans to its constituents and also members of the staff. The All India Indian Overseas Bank Employees Union (in short the 'Union') raised a dispute taking the stand that the jewel appraisers engaged by the bank are part time workers of the bank. On the basis of the demand raised reference was made by the Central Government and on 19-2-1990 following dispute was referred to the Tribunal for adjudication : "Whether the demand of All India Overseas Bank Employees Union to treat the jewel appraisers engaged by the Bank as part time workmen of the Bank is justified ? If so, to what relief, if any, are they entitled ?" In support of the demand the stand taken was that the jewel appraisers employed for particular branches of the bank are also utilized for certain clerical jobs like entering applications for jewel loans. They are also to go other branches as to the appraisers of the jewel. These jewel appraisers are required to be present in the respective branches between 10 a.m. to 2.00 p.m. as a request for jewel loan is considered and granted only during that period. They are paid a commission of Rs. 3/- for every one thousand rupees sanctioned by way of loan. Reference was made to another dispute i.e. ID 25 of 1997 raised by jewel appraisers numbering about 353 in Indian Bank where a reference had been made to the Tribunal. The reference reads as follows :- "Whether the action of the Management of the Indian Bank, Madras in denying to appraisers wages and other conditions of service applicable to rural clerical "Award Staff" of the Bank is justified ? If not to what relief the workmen concerned are entitled to ?"
(3.) REFERENCE in that case was made on the ground that the jewel appraisers of Indian Bank were workmen and they were denied only wages and other service conditions as they were paid monthly remuneration of Rs.100/-. The said dispute was adjudicated and an award was made on 3-12-1979 holding that the jewel appraisers of Indian Bank are entitled to wages and other conditions of service applicable to regular clerical staff as part time employee of the Bank and they would be entitled to such proportionate (namely half) wages and benefits of clerical staff w.e.f. 1-4-1977 i.e. the date of reference. The award was questioned before the High Court which was dismissed. Letters Patent Appeal was also dismissed by the Division Bench and S.L.P. was also dismissed by this Court. Stand of the Union, therefore, was that the view expressed in the Indian Bank's case (supra) was clearly applicable to this case. Claim of the Union was resisted by the appellant-Bank basically on the ground that jewel appraisers engaged by the Bank are not workmen as defined in Section 2(s) of the Industrial Disputes Act, 1947 (in short the 'Act'). Reference was made a decision of this Court in Management of Puri Urban Co-operative Bank v. Madhusudan Sahu and Anr. (1992 (II) LLJ 6). Further it was submitted that the Bank has branches in various States and, therefore, adjudication is possible only by a National Commission under Section 17B of the Act and not by the Industrial Tribunal to whom the dispute was referred. This point was not, however, urged before the High Court. It was pointed out that terms and conditions of the jewel appraisers of Indian Bank were entirely different from the terms and conditions of jewel appraisers of the appellant Indian Overseas Bank. The Tribunal relied upon the decision in Indian Bank's case (supra) and answered the reference in the affirmative. It made a comparison of the terms and conditions of the two Banks.;