Prasanta Kumar Saikia, J. - (1.) This petition has been filed against the reference dated 07.01.2013, rendered by the third learned Member, Central Administrative Tribunal, Gauhati Bench, Gauhati, (in short, CAT, Gauhati Bench) in T.A. No. 4/2011 dismissing the aforesaid proceeding. We have heard Mr. P.K. Tiwari, learned counsel for the petitioner and also heard Mr. T.J. Mahanta, learned counsel for the respondents.
(2.) In order to appreciate the dispute in this proceeding, we find it necessary' to have a look at the events leading to the present proceeding. In 1981, the petitioner herein was appointed as "Special Assistant" in Ghaziabad Branch of Vijaya Bank. He worked in the aforesaid Bank up to 1987. The petitioner claims that his duty as Special Assistant was Managerial and Supervisory in nature which is evident from the bipartite settlement dated 17.09.1984 which clearly outlines the functions of Special Assistant.
(3.) Since said bipartite agreement in regard to rights and duties of Special Assistant has huge bearing on the dispute in the present proceeding, same is reproduced below: - "Special Assistants Special assistants will be accountable and responsible for running of the department/section under them and their duties will involve looking after and checking the work of other clerk or clerks and sub -staff and will include: (1) Passing independently cash, cheques up to Rs. 10,000/ - and clearing and transfer cheques, vouchers, etc., (whether credits or debits) up to and including Rs. 25,000/ - (or any higher limit fixed by the bank on its own discretion). Passing will include verification of signatures and scrutiny as to the correctness of endorsements on and other particulars of such instruments. (2) Signing vouchers, cheques, drafts, mail transfers, pay orders, advices such as non -payment advices, inter -branch fate calling advices, bill schedules, demand notices, statements certificates, etc. (3) Checking all vouchers, advices, statements, cheques, drafts, etc., bills and books of accounts including current, savings and other ledgers, cash, postal and revenue stamps, franking machine balances. (4) Checking current, savings and other ledgers, provided that if any additional allowance is paid to any employee/s under any existing system in a bank for ledger checking, such payment and ledger checking system shall continue undisturbed, and such continuance shall preclude any claims by a workman for a change in status. (5) Checking the coding and decoding of telegrams (excluding check symbols or ciphers). 'Checking' would mean verifying that the material checked is in order in all respects and also includes initialling the same for authentication. (6) Discharging, endorsing cheques, bills, etc. (7) Inspecting go downs (only in banks where such work is already being done by workmen). For the purpose of efficient and effective functioning of the Sec. or department, the special assistant shall ensure that all acts, things and steps necessary therefore are taken by himself or by the clerks placed under him and shall ensure mat, wherever necessary: (a) Reminders are sent on time and followed up; (b) Pass sheets/books are filled up and issued promptly; (c) Deposits are renewed on due dates or reminders sent to the parties; (d) Standing instructions are complied with; (e) Bills are accepted and due dates diarised/advised and followed up; (f) Interest, commissions and service charges are collected; (g) Proceeds of bills are received or remitted promptly; (h) Confirmation of balances of accounts of the customers and its follow -up; (i) All securities relating to the department/section of which the special assistant is in charge are secured or kept in proper custody and properly handed over to the authorised person at the close of the day; (j) Balances promptly taken, tallied and reported and followed up and also returns submitted; (k) Advices and/or duplicate advices/summaries are issued/responded promptly, whenever called for; (l) Checking the proper recording of entries and all relevant particulars in regard to accounts opened under due authorization.";