Judgement

DAS GUPTA J. : This appeal arises out of an application under S. 33C(2) of the Industrial disputes Act. The respondent A. R. Chacko was working as a clerk in the Coimbatore Branch of the appellant Bank when by an order dated June 19, 1959 he was promoted as accountant and was transferred to the Alleppy Branch of the Bank. The appellant s pay in the new post was fixed by an order on July 16, 1960. By this order he was allowed Rs. 120/- as basic pay in the new grade of Rs. 120-10-160 from January 1, 1960. From August 1, 1960 and thereafter he was allowed to drawn Rs. 10/-per month as CAIIB allowance. The petitioner s case in the application under S. 33C(2) is based on the contention that after his promotion to the post of accountant with additional supervisory duties he was entitled to the special allowance of Rs. 40/- under Para 164 of the Sastry Award. His case is that he was entitled from the date of his joining as accountant i.e., from July 13, 1959 - (a) to a basic pay of Rs. 95/- of his old grade with annual increments due on December 1, every year i. e., at the rate of Rs. 95/- in the months of August, September. October and November 1959 and thereafter at the rate of