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1971 Supreme(SC) 391

P.JAGANMOHAN REDDY, C.A.VAIDIALINGAM, G.K.MITTER
State Bank Of Bikaner And Jaipur – Appellant
Versus
Hari Har Nath Bhargava – Respondent


Judgment

MITTER, J.: This appeal by special leave is from an order of the Central Government Labour Court Rajasthan passed on February 14, 1966 on an application under S. 33-C (2) of the Industrial Disputes Act filed by the respondent, Hari Har Nath Bhargava, holding that the latter was entitled to supervisory allowance under paragraph 164 (b) (9) of the Sastry Award even for the period when the latter was not actually performing supervisory duties.

2. The facts in this case may be shortly stated. The respondent was appointed a clerk by the State Bank of Jaipur in 1949. He was transferred to Kota in the year 1952. He was entrusted with supervisory work from 6th April, 1964. The bank executed a power-of-attorney in his favour on May 31, 1954 in pursuance of a resolution of its Board of Directors passed on 20th May, 1954. He was transferred from Kota to Jaipur on July 12, 1955. On December 27, 1955 he was posted at Sikar where he had to perform supervisory duties. On January 1, 1956 he was promoted to the cadre of junior officers of the bank.

3. On March 31, 1964 the respondent filed an application before the Central Government Labour Court, Rajasthan under S. 33-C (2) praying for compu



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