- (1.) This writ application is directed against the impugned order of reference of an industrial dispute dated 12th May, 1999 marked annexure P-6 to the writ application and the impugned industrial award dated 28th June, 2001 being annexure P-8 as passed by the Ld. Presiding Officer, Central Government Industrial Tribunal at Kolkata (for short the Ld. Tribunal) vide the Reference No. 18 of 1999.
(2.) The writ petitioner is the bank being the United Bank of India (for short the Bank). At the core of the dispute is the Scheme introduced by the Bank in the year 1979 granting Special Leave for a maximum period of 360 days to the Members of the staff who have rendered 18 years of continuous service and, who may be suffering from 10 types of serious diseases as also, when leave of all descriptions have been exhausted by such employee. By the said Scheme such employees also became eligible for grant of an additional sum of Rs. 250 when the usual medical allowances are exhausted. The authority to sanction such leave was vested with the Chairman or at least 3 Deputy General Managers of the Bank, subject to review by the Board every year.
(3.) Sri R.N. Majumder, Ld. Counsel appearing for the Bank submits that the said Scheme was not a condition of service covered under the Bipartite Settlement between the bank and their non-officer employees. Referring to several memos of the Government of India, Sri Majumder argues that all banks including the Bank were instructed not to grant any additional benefits to the officers/award staff employees which are outside the purview of the officers' service regulations/Bipartite Settlement without obtaining the prior permission of the Central Government.;