IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2021

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA

AND

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

W.A.No.2134 of 2012

The General Secretary,

Central Bank of India Staff Union,

New No.89, Azis Mulk 3^rd street,

Thousand Lights,

Chennai – 600 0063

.. Appellant/2^nd Respondent

Vs

1.The Regional Manager,

Central Bank of India,

Regional Office,

Raheja Complex, Anna Salai,

Chennai – 2.

.. 1^st Respondent/Petitioner

2.The Presiding Officer,

Central Govt. Industrial Tribunal-cum-

Labour Court,

First Floor, Block No.6,

Shastri Bhavan, 26 Haddows Road,

Chennai – 6.

.. 2^nd Respondent/1^st Respondent

Prayer : Writ Appeal has been filed under Section 15 of Letter

of Patent against the order dated 05.06.2012 passed in

W.P.No.37814 of 2007 by the learned Single Judge of this Court.

Prayer in WP 37814: Petition Under Article 226 of the

constitution of India praying for a writ of Certiorai calling

for the records of the first respondent in I.D.No.422 of 2004

and quash its award dated 25.04.2007.

For Appellant

: Mr.K.M.Ramesh

For R1

: G.Anand

for M/s.T.S.Gopalan & Co.

https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

This appeal is directed against the impugned order dated

05.06.2012 passed by the learned Single Judge in W.P.No.37814 of

2007, whereby the award passed by the second respondent/Central

Government Industrial Tribunal-cum-Labour Court (in short

“CGIT”) was reversed, holding that 14 part-time Safai

Karmacharies were not eligible for the benefit of Settlement

reached under Section 18(1) of the Industrial Disputes Act,

1947, on 28.11.1997.

2. Short facts leading to the filing of this writ appeal are

stated below:-

The first respondent bank entered into a settlement under

Section 18(1) of the Industrial Disputes Act, 1947, on

28.11.1997, with the appellant union for enhancement of wages to

part-time employees. Subsequent to the settlement, the Central

Office as well as Regional Office of the first respondent issued

their Circular Nos.CO:PRS:97-98-194, dated 10.12.1997, and

RO:PRS:98-99-1273, dated 18.09.1998, respectively, incorporating

the terms of settlement dated 28.11.1997. By the said

settlement dated 28.11.1997, wages per week for part-time

employees were fixed as stated below:-

(a) From 01.11.1992 to 31.10.1994:-

Upto 3 hours

--> Rs.130/- p.m.

More than 3 hours but

less than 6 hours

--> Rs.375/- p.m.

(b) From 01.11.1994

Upto 3 hours

--> Rs.150/- p.m.

More than 3 hours but

less than 6 hours

--> Rs.440/- p.m.

Subsequent to the above settlement dated 28.11.1997, another

bipartite settlement dated 27.03.2000 was entered into between

the appellant union and the first respondent Bank for

enhancement of wages payable to the part-time employees, by

which, the wages per week for part-time employees were fixed

with effect from 01.11.1997 as stated below:-

a) Upto 3 hours

--> Minimum of Rs.450/- p.m.

b) More than 3 hours but

less than 6 hours

--> Rs.740/- p.m.

https://hcservices.ecourts.gov.in/hcservices/

However, the first respondent bank did not pay the aforesaid

enhanced wages to the said 14 part-time Safai Karmachari

employees as per the above said settlements and circulars.

3. Mr.K.M.Ramesh, learned counsel for the appellant union,

would submit that although 14 part-time Safai Karmacharis have

worked for long number of years, they have not been paid with

arrears and on the request made by them, the first respondent

bank has not given valid reason for rejecting their claim. When

the appellant Union claimed on behalf of 14 part-time Safai

Karmacharies that in the case one Mrs.Chinnamma/part-time

employee, the respondent bank has paid enhanced wages till the

date of her absorption as per the settlements and circulars and

she has been paid arrears for the period from 01.11.1992