HIDAYATULLAH, J. - (1.) THIS is an appeal by special leave against the order, dated 6 November, 1964, of the labour court, Rajasthan Jaipur. The matter arose out of an application made by the respondent, C. S.Verma under S.33C(2) of the Industrial Disputes Act. The appellant is that State Bank of Bikaner and Jaipur, the employer. The facts are as follows.
(2.) VERMA was originally in the employment of the Bank of Jaipur, Ltd., from 1 November, 1943. This bank is now known as the State Bank of Bikaner and Jaipur. He was working as a clerk but on 1 April, 1944 he was posted as an agent of the Nawalgarh branch. Subsequently he worked from January 1951 to May 1956 as agent of Surajgarh office. On 1 May, 1956 his designation was assistant accountant. The Sastri award was published on 20 April, 1953 and the decision of the Labour Appellate Tribunal on that award was given exactly a year later. On 24 August, 1954, Government of India made its order modifying the appellate decision and on 21 October, 1955 the Industrial Dispute (Banking companies Decisions) Act, 1955, was promulgated. These events, which are well known may be borne in mind in following the thread of the narration of the events in this case.
(3.) ON 1 January, 1956 the bank introduced a revised scale of pay and allowances for its officers including the respondent. This was a curious scale of Rs. 100-10-200-10-250-15-400-20-600-30-900-50-1, 400-75-2, 000-100 2, 500. It provided for a service of 68 years between the minimum and maximum salaries. It was apparently introduced to get over certain recommendations of the Sastri tribunal and accepted by Government in relation to special allowances as will appear later. It is also to be recalled that on 29 August, 1956 the definition of "workman" in the Industrial Disputes Act was amended. Then came the award by the national tribunal presided over by Justice Sri K. T. Desai and his award operated from 1 January, 1962. To determine the applicability of Sri Desai's his award C. S. Varma was treated as workman for purposes of his special allowance from 1 January, 1962 It may be stated here that to the date of the Sastri award and thereafter he was not treated as a workman either under the old definition of "workman" or under new definition. The petition of under S. 33C(2) raised the question that he was entitled to the special supervisory allowance under the Sastri award and later by virtue of the definition from 29 August, 1956. He was not in receipt of this allowance which, if it was admissible to him, would have been at Rs. 40 per month from 1 April, 1954 to 31 December, 1956 when the bank was C class bank and from 1 January, 1957 onwards at Rs. 45 per month after the bank was upgraded to B class. Verma accordingly claimed by his application a sum of Rs. 8, 458 as arrears of the special supervisory allowance.Numerous objections were raised to his petition mainly on the ground of jurisdiction but with them we are no longer concerned because the learned Solicitor-General waived those objections. The tribunal by its award upheld the claim of Verma and awarded him a sum of Rs. 7, 572.08 as arrears of special allowance from the commencement of the new definition to 3 December, 1961. It may be stated again that from 1 January, 1962 he was treated as a workman under the definition applicable at the time of the award of Justice Sri Desai. No contention has been raised that he was not so entitled to the special allowance from 1 January, 1962.;