B.N.BANERJEE, J. - (1.) THE petitioner carries on the business of banking inter alia at No. 14, Netaji Subhas Road, Calcutta.
(2.) INDUSTRIAL disputes between the petitioner and its employees used to be governed by the terms of an all -India award known as ' Sastri award ' as modified by the Industrial Disputes (Banking Companies) Decision Act (41 of 1955). The Sastri award was replaced by a subsequent all -India award known as the ' Desai award,' with effect from 30 June 1962. On or about 27 May 1960, the petitioner promoted three clerks in its service, namely, Bibnuti Bhusan Barman, Troilokhya Nath Guha Roy and Heramba Kumar Moitra, to the position of audit clerks. The workmen of the petitioner disputed the legality of the promotions on the theory that the promotions were opposed to the provision of the Sastri award. On that dispute being raised, there was a conciliation proceeding held between 24 and 31 May 1960 and the dispute was settled on 31 May 1960 on the following terms: It is agreed that: (1) The management will revise their present order of promotions in accordance with the criteria, if any, laid down by the national tribunal instituted by the Government of India, Ministry of Labour and Employment, under S.O. No. 704, dated 21 March 1960. (2) The union agrees not to pursue the matter pending publication of the award of the said national tribunal. After the publication of Desai award, on 30 June 1962, the petitioner did not find any modification made to the criteria regarding promotion, as in the Sastri award, and therefore did not revise the promotions already made.
(3.) THIS gave rise to a second Industrial dispute, which conciliation proceeding between 12 December 1962 and 8 March 1963 could not resolve pending conciliation, the petitioner promoted one S. P. Bose as junior officer, on 8 January 1963, and, on the very next day, confirmed the promotions of the three previously named officers and granted them the designation of staff assistants.;