S.C.Verma, J. - (1.) These petitions arc directed against the order dated 7.9.1 98 5 passed by the Presiding Officer, Central Government Labour Court, Kanpur allowing the applications of the workman under Section 33-C(2) of the Industrial Disputes Act, hereinafter referred to as the Act.
(2.) The retired officials of the Bank who claimed to be workman made their claim for i payment of special allowance to be added to their pension in accordance with the bi-partite settlement. There was a third bi-partite settlement in respect of the pay, dearness allowance, city compensatory allowance, house rent allowance, special allowance, medical aid etc. The subject of matter of settlement has been quoted in paragraph (ix) of the Memo of Settlement which is reproduced below: "(ix) The parties, however, held bilateral negotiations and have arrived at a settlement in respect of scales of pay, Dearness Allowance, City Compensatory Allowance, House Rent Allowance, Special Allowances, Medical Aid, Provident Fund and have further agreed on the modalities of resolving the other demands not settled under this Memorandum of settlement as also the issue raised on behalf of the said Banks by the Indian Bank's Association.
(3.) The subject matter of special allowance has been dealt within paragraph 6, sub-paragraph V which is quoted below: - "V. Special, allowance.- Without prejudice to the IBA's issue in regard to various aspects of special allowance, the existing special allowance will be refixed on the basis of 100% merger both for the sub-staff and the clerical staff. In respect of clerical staff the D.A. payable on the special allowance at CPI 332 (1969 = 100) would be added to this amount and the revised special allowance will be fixed accordingly. Tables showing the special allowance as revised are given in Schedule n. In respect of clerical staff this special allowance so consolidated will not rank for Dearness Allowance as from the date of effect. Of this amount, only 63.5% shall be counted as 'pay' for all other purposes including for purpose of superannuation benefits''.;