Judgment

VAIDIALINGAM, J.:- These three appeals, by special leave by the management of State Bank of Hyderabad are directed against the common order, dated May 13, 1968, passed by the Labour Court (Central), Hyderabad, allowing applications filed by each of the respondents herein under Section 33C (2) of the Industrial Disputes Act, 1947 (Act XIV of 1947) (hereinafter called the Act). The claim of the respondents in each of these appeals was for payment of the special allowance granted to Supervisors under what are commonly known as the Sastry and Desai Awards. The Labour Court has accepted their claims in full and management have come up in appeal to this Court. The short question which is raised for our decision is whether the Labour Court was right in holding that the three respondents could claim the status of Supervisors entitled to the supervisory allowance under the Sastry and Desai Awards.

2. Three applications, Civil Miscellaneous Petitions Nos. 115 of 1963 and 4 and 5 of 1965 were filed by the respective respondents before the Labour Court under Section 33C (2) of the Act. As the averments contained in each of these applications were more or less common and the basis of the claim for special allowance was also the same, - we will refer to the averments made in Application No.115 of 1963 filed by Vasudev Anant Bhide. The defence raised by the management was also the same in all the three applications.

3. In C. M. P. No. 115 of 1963 Bhide has stated that he was working as an employee under the appellant as Head Cashier in charge of the Cash Department, at various branches from 1946 till the date of his filing the application viz., August 31,1963 and, as such he was entitled to receive the special allowance under the Sastry Award as modified and also under the Desai Award. From 1946 to 1953 he was the Head Cashier and as such had to control and supervise the work of seven employees, including, three Cashiers, one Godown-Keeper and one Chowkidar. During 1953-55 he was in charge of the Cash Department at Aurangabad Branch and as such he had to control and supervise the work of six to seven employees, including four to five Cashiers, one Godown-keeper and one Chowkidar. During 1955-58 he was Head Cashier at the Secunderabad Branch and as such he was in charge of the Cash Department and had to control and supervise the work of 28 Cashiers, one Godown-keeper and one Chowkidar working under him. Later on he was the Head Cashier in Mahaboob Nagar Branch till the date of the application and as such he was controlling and supervising the work of 9 Cashiers, 2 Godown-keepers and 3 Chowkidars.

4. In paragraph 3 of his application, Bhide sets out the duties discharged by him as Head Cashier as follows:

"1. In charge of Cash Department, which includes the checking, controlling and supervision of the work of Cashiers, Godown Keepers and Chowkidars working under him.

2. Issuing receipts to the public for payments made upto Rs.10,000 independently, without the countersigning of the same by any other Officer with signing authority.

3. Being the Joint Custodian of the Currency Chest, Coin Depot, Safe Custody of Gold Ornaments and rental documents along with Manager or any other joint custodian and the applicant held responsible for any shortages therein, and for any omissions and commissions in this regard. It may be added here that the other Joint Custodian is allowed a Special Allowance of Rs.50 to Rs.75/- per month as per classification of the Bank in respect of this particular special responsibility, while the applicant is not given any special allowance for the same.

4. Verification of vernacular signatures on cheques and drafts of any value.

5. Verification, valuation and purchase of Bills from Constituents and to check up and satisfy himself that the same is supported by genuine trade and documentary bills and whether the same covers the bill amount in question. It may be noted here that this special supervisory function is not entrus