Judgement

WANCHOO, J. : These two appeals by special leave raise a common question as to the interpretation of Para 5.356 of the National Industrial Tribunal (Bank Disputes) Award of June 1962 (popularly known as the Desai award) and will be dealt with together. It is unnecessary to set out the facts of the two appeals at this stage. It is sufficient to say that the respondents made applications under S. 33-C (2) of the Industrial Disputes Act, No. 14 of 1947 praying for determination and computation of the benefit to which they were entitled under the Desai award as they were not satisfied with the fixation of their pay by the appellant-bank under Para. 5.356.

2. The Desai award dealt with the method of adjustment in the scales of pay fixed by it from Para 5,329 onwards. It divided the employees of the banks with which it was concerned in two groups. The first group consisted of workmen who were drawing basic pay on January 1, 1962 according to scales of pay provided by the All-India Industrial Tribunal (Bank Disputes) Award, 1953 (popularly known as the Sastry award) as modified by the Labour Appellate Tribunal Decision (Bank Disputes). The second group consisted of workmen who on January 1, 1962 were employed in banks which were not governed by the provisions of the Sastry award as modified and were not thus drawing basic pay on the footing of scales of pay provided by that award. In the first case the Desai award provided that the workmen would be fitted in the new scales of pay from January 1, 1962 on stage to stage adjustment basis i.e. workmen who were drawing basic pay at a particular stage in the time scale of the Sastry award as modified would draw basic pay at the same stage in the new scale applicable to them under the Desai award. Examples of how this would be done were given in Para. 5,348 of the Desai award. As to the second group, the Desai award provided that these employees would first be fitted in the appropriate scales provided in the Sastry award as modified as on January 1, 1962 and thereafter they would be fitted in the new scales of pay provided by the Desai award as laid down in Para. 5,348. Paragraph 5,356 then went on to provide how these workmen would be fitted in the Sastry award. Here again the workmen were divided into two groups, namely, those who entered service before January 1, 1959 and those who entered service on or after January 1, 1959. In the present appeals we are concerned with workmen who entered service before January 1, 1959, and the fitment of these workmen was dealt with in Para, 5.356 of the Desai award, and it is this paragraph which calls for interpretation in the present appeals.

3. We may at this stage mention that a similar question of fitment was considered by the Sastry award in Para 292 and certain provisions were made thereunder. This paragraph was considered by the Labour Appellate Tribunal in appeal from the Sastry award and certain modifications were made thereunder by Paras. 164 and 166 of the Labour Appellate Tribunal decision in appeal. Paragraph 292 as modified by the Labour Appellate Tribunal decision came up for interpretation before this Court in State Bank of India v. Parkash Chand Mehra, 1961-2 Lab LJ 383 As the words of Para, 292 of the Sastry award as modified by the Labour Appellate Tribunal Decision are almost the same as the words of Para, 5.356 of the Desai award, we may set out the two paragraphs in parallel columns for comparison.

Sastri award as modified by the Labour Appellate Tribunal decision : Desai award. For workmen who entered service of the bank before 31st January, 1950 : For workmen who entered service of the bank before 1st January 1959 :

1. The workman s basic pay as on 31st January, 1950 shall not be reduced in any case. (i) The workman s basic pay as on January, 1959 shall not be reduced in any case.

2. Subject to rule (1) the adjusted basic pay in the new scale shall not exceed what point-to-point adjustment would give him or the maximum i