Judgment

Bhagwati, J. - This appeal with special leave is directed against the decision of the Labour Appellate Tribunal of India, Lucknow, confirming, on appeal the award made by the Central Government Industrial Tribunal, Calcutta in a dispute between the appellant and the respondent.

2. The appellant took up service with the respondent then known as the Bharat Bank Ltd., with effect from 1st July 1944, as an Inspector at Bombay in the grade of Rs. 170- 10- 200-20-400 and was given three increments when the first increment fell due as from 1st October 1945. He was also given promotions on 1st October 1946 and on 1st October 1947, and was drawing Rs. 240 per month plus a special allowance for a servant of Rs. 30 per month at the time when he was discharged by the respondent on 5th August 1949, on the plea that he had become surplus to the requirement of the respondent.

The Government of India, Ministry of Labour had by Notification No. L. R. 2 (273) dated 21st February 1950, referred for adjudication to the Central Government Industrial Tribunal at Calcutta the disputes pending between the various banks and their employees, and the appellant s case came up for hearing in the course o