Sinha, J. - (1.) The petitioner in this case is the Bengal Provincial Bank Employees Association, which is stated to be an association of workmen of 'most' of the bank employees in West Bengal. It is not a registered trade union. but an association of registered trade unions. The first respondent is Shri Salim M. Merchant, described as "a member of Labour Appellate Tribunal, as also of Industrial Tribunal". The second respondent is the Union of India. The third respondent is the Calcutta Exchange Banks Association and the fourth respondent is the Indian Banks' Association. It is stated in the petition that the respondents Nos. 3 and 4 are the associations of employers who employed the members of the petitioners' Association. Two schedules are annexed to the petition, the first showing the members of the Indian Bank's Association, as consisting of 15 member banks, and the second showing the members of the Calcutta Exchange Banks' Association. In this case there are 12 member banks. Altogether, therefore, the two associations are stated to comprise of 27 member banks. This application relates to the reference of certain disputes between a number of banking companies situated in West Bengal and their employees. Before I come to the facts of this particular case, it is necessary to relate certain facts leading to the promulgation of the Industrial Disputes (Banking Companies) Decision Act, 1955, being Central Act No. 41 of 1955. Prior to October, 1955, the employees of various banking institutions in the Indian Union raised disputes regarding the terms and conditions of their employment, leading to strikes and various other forms of industrial strikes. The disputes were referred to adjudication, and ultimately an award was made, known as Sen's Award. This award was, however, set aside by a decision of the Supreme Court.
(2.) Thereafter, there were conciliation proceedings and a further reference was made in July, 1951 to Mr. Devasia and others. This, however, proved infructuous. In or about January, 1952 there was a further reference to a tribunal consisting of 3 members. On or about the 26th of March, 1953, an Award was made, known as the 'Sashtri Award'. There was an appeal against this Award and the Appellate Tribunal modified the Award in various ways. On the 27th of August, 1954 the Government of India acting under Section 15 of the Industrial Disputes (Appellate Tribunal) Act, 1959 modified the Appellate decision. Doubts having been raised as to the scope of the reference and the various awards and their modifications, a "Banking Award Commission" was appointed to enquire and make a report upon the terms of reference. The Commission constituted of Rajadhakshya, J. but be having died, was substituted by Gajendragadkar J. On the 25th of July. 1955 the Commission made its report and an Act was passed namely the Industrial Disputes (Banking Companies) Decision Act, 1955 which came into operation on the 21st of October, 1955. It is stated in the preamble, to be an Act to provide for the modification of the decision of the Labour Appellate Tribunal dated the 28th day of April, 1954 in accordance with the recommendation of the Bank Award Commission, and for giving effect to the Award accordingly. Section 6 of this Act runs as follows:-- "6. Power to remove difficulties. -- (1) If in the opinion of the Central Government any difficulty or doubt has arisen as to the interpretation of any provision of the award as now modified by the decision of the Appellate Tribunal in the manner referred to in Section 3, it shall refer for decision the matter in respect of which such difficulty or doubt has arisen to a single member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950 (XLVIII of 1950), or to such Industrial Tribunal constituted under the Industrial Disputes Act, 1947 (XIV of 1947), as it may, by notification in the Official Gazette, specify in this behalf. (2) The tribunal to which such matter is referred shall, after giving the parties a reasonable opportunity of being heard, decide such matter and its decision shall be final and binding, on all such parties."
(3.) The Industrial Disputes Act, 1947 (XIV of 1947), is an Act providing for the investigation and settlement of Industrial disputes and for certain other purposes appearing in the Act. The Industrial Disputes (Appellate Tribunal) Act, 1950 (Act No. XLVIII of 1950) was an Act providing for the establishment of an Appellate Tribunal in relation to industrial disputes and for certain matters incidental thereto. The Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 came into operation on the 28th of August, 1956. Amongst other things, it repeated the Industrial Disputes (Appellate Tribunal) Act, 1950. By Section 33 of this Act, the Act 48 of 1950 was repealed, but it was provided that not-withstanding such repeal, any appeal or other proceedings pending before the Appellate Tribunal constituted under Act 48 of 1950 would continue as if the said Act had not been repealed. In other words, for the purposes of pending appeals or pending proceedings, the Appellate Tribunal would continue.;