B.N.BANERJEE, J. - (1.) CERTAIN industrial disputes between the Corporation of Calcutta and its employees, including employee in the Food Supply Department of the Corporation, were referred to an industrial tribunal for adjudication, as far back as February 1948 and the award of the tribunal was published in the Calcutta (sic) the on 23 July 1948. There may have been some tardiness in notifying acceptance of the award. Ultimately, however, on 2 September 1948, the Administrative Officer of the Corporation of Calcutta passed the following orders: I have gone through the petition of the Calcutta Corporation Employees' Association, dated 28 August 1948, asking for the continuance of the existing food concession to the employees. The employees' association has stated in the petition that none of the parties on the employees' side; who represented in the dispute, has accepted the award of the tribunal. This attitude on the part of the employees is not proper. The tribunal's award is binding on bath the parties, the employers and the employees. As far as the Corporation is concerned, I have already passed orders accepting the award in toto. I am also prepared to consider real cases of anomalies and genuine grievances arising out of the award. In fact, I have already passed orders to put up to me such cases without delay....
(2.) THE two petitioners say that they became eligible to benefits under the inward. This is. however, denied in the affidavit -in -opposition, in which it is stated that all clerks in the Food Supply Department being already in the grade of Rs. 70 -220, there was not a single clerk in the lower grade mentioned in the award and consequently the question of implementing the award in the Food Supply Department did mot arise. With this controversy, however, I am not concerned in this rule. Long after the publication of the award, on 26 April 1968, the Corporation of Calcutta, at its meeting, passed a resolution granting some personal benefits to certain employees as herein below quoted: I. (a) That the following staff, who are working on deputation to the Food Supply Department, should revert to their original posts on scales of pay noted against each with higher initial salary in certain cases where recommended and merging their special pay with the salary in placing them in the new grade in all other cases as per annexure A attached to this resolution, it being former recommended that the new scales of pay recommended should come into effect on and from 1 March 1861, the schedule of establishment as contemplated in Section 78 of the Act being amended accordingly. (b) That in consideration of the fact that a large number of employees in the Food Supply Department hold no perm -anent appointment but are working in temporary posts, the Sub -Committee recommends that the temporary posts held by the incumbents should be made permanent with effect from 1 August 1948, the designations of the posts being also changed with effect from that date to the designations as noted against each and that they be granted the scale of pay as recommended in the annexure B with effect from 1 March 1961, the schedule of establishment as contemplated in Section 78 of the Act, being amended accordingly. II. That the incumbents whose existing pay shall exceed the scale of pay recommended by the Sub -Committee shall draw their existing pay, the same being personal to them. III. That all posts that are now vacant in the Food supply Department should be abolished with effect from the date on which vacancies occured and that the schedule of establishment as contemplated in Section 78 of the Act the amended accordingly. IV. That in case the posts in the parent departments held by the employees as in Para. 1(a) above, are already filed up by temporary appointment, each employees will remain as surplus on the pay recommended by the Committee, to be absorbed as soon as vacancies occur in their parent department or elsewhere in comparable posts. [Names omitted.]
(3.) THE petitioners say that they became entitled to the benefits under the resolution.;