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Desai Awards NATIONAL INDUSTRIAL TRIBUNAL (BANK DISPUTES) AWARD ON THE INDUSTRIAL DISPUTES BETWEEN CERTAIN BANKING COMPANIES AND CORPORATIONS AND THEIR WORKMEN BY PRESIDING OFFICER SHRI JUSTICE KANTI LAL T. DESAI (CHIEF JUSTICE OF THE HIGH COURT OF GUJARAT) JUNE, 1962 REPRINTED BY THE INDIAN BANKS' ASSOCIATION, BOMBAY BY PERMISSION OF THE GOVERNMENT OF INDIA TABLE OF CONTENTS (xxvi) Reliefs 5.362 to 5.370 209-212 (xxvii) Dearness allowance with particular Chapter Contents Paragraphs Pages reference to the -question whether any I Introductory 1.1 to 1.25 2—10 part of the existing dearness allowance II Genesis of the dispute 2.1 to 2.15 11—16 should be absorbed in the basic pay 5.371 to 5.394 212-225 III Parties to the dispute 3.1 to 3.7 16—20 VI (i) House Rent Allowance 6.1 to 6.27 226-231 IV Categorisation of banks and areas (ii) Other Allowances 6.28 to 6.64 231-240 for the purposes of this adjudication — (iii) Travelling Allowance and Halting 6.65 to 6.84 240-249 (i) Categorisation of banks 4.1 to 4.129 20-56 Allowance (ii) Categorisation of areas 4.130 to 4.190 56-82 (iv) Joining time on transfer 6.85 to 6.86 249 V Scales of pay — (v) Leave Fare Concessions 6.87 to 6.94 249-251 (i) General 5.1 to 5.34 82—102 VII Provident Fund, including the rate of (ii) Principles of wage fixation ... 5.35 to 5.47 103— 108 contribution and the rate of interest 7.1 to 7.43 251-264 (iii) The 15th Indian Labour Conference 5.48 to 5.63 108—114 VIII Pension and gratuity — (iv) Index Number 5.64 to 5.69 114—116 (i) Gratuity 8.1 to 8.42 264-276 (v) Base Year 5.70 to 5.75 116—119 (ii) Pension 8.43 to 8.63 276-281 (vi) Consumption Units ... 5.76 to 5.80 119—120 IX Leave Rules — (vii) Co-efficient 5.81 to 5.96 120—126 (i) Existing leave rules 9.1 to 9.9 282-290 (viii) Ratio between minimum and maximum 5.97 to 5.102 126—127 (ii) Privilege leave 9.10 to 9.13 290-291 (ix) Span 5.103 to 5.116 127— 129 (iii) Casual leave 9.14 to 9.16 291-292 (x) Increments 5.117 to 5.123 129—131 (iv) Sick leave 9.17 292 (xi) Efficiency Bar 5.124 to 5.136 131—134 (v) Quarantine, Extraordinary and Maternity leave 9.18 292 (xii) Capacity of the Industry to pay 5.137 to 5.170 135—149 (vi) Special Casual Leave 9.19 to 9.26 292-294 (xiii) The National Income 5.171 149—150 (vii) Study leave 9.27 295 (xiv) Productivity of labour 5.172 150 (viii) Leave preparatory to retirement 9.28 to 9.33 295-296 (xv) Erosion 5.173 to 5.175 150—151 X Hours of work and overtime — (xvi) Prevailing rates of wages in comparable 5.176 to 5.178 151—154 (i) Hours of work 10.1 to 10.20 296-301 concerns (ii) Overtime 10.21 to 10.46 301-311 (xvii) New scales of pay ... 5.179 to 5.188 154—157 XI Medical aid and expenses 11.1 to 11.20 311-318 (xviii) Poddars, Money Testers, Collecting 5.189 to 5.190 158 XII Cash deposits, fidelity bonds and other securities Sircars and gollas to be furnished by the staff 12.1 to 12.14 318-322 (xix) Part-time employees 5.191 158—159 XIII Uniforms and liveries 13.1 to 13.16 322-324 (xx) Apprentices 5.192 159 XIV Need for maintenance of seniority lists 14.1 to 14.12 324-328 (xxi) Probationers 5.193 159 XV Age of retirement 15.1 to 15.13 328-331 (xxii) Cooks and domestic servants ... 5.194 to 5.195 159—160 XVI Categories of workmen to whom the award of (xxiii) Supervisory staff 5.196 to 5.219 160—170 the Tribunal should be applicable ... 16.1 to 16.11 331-334 (xxiv) Special allowances 5.220 to 5.328 170—200 XVII Subsistence allowance during period of suspension 17.1 to 17.15 334-336 (xxv) Method of Adjustment in the XVIII Procedure for termination of employment and scale of Pay 5.329 to 5.361 200-209 taking other disciplinary action 18.1 to 18.28 336-347 XIX Date of effect of the new award and option, if any, MINISTRY OF LABOUR AND EMPLOYMENT to be given to the existing employees to retain their present terms and conditions of service 19.1 to 19.22 347-356 NOTIFICATION XX Need for interim relief 20.1 356 New DeIhi-2, the 13th June 1962 XXI Difficulties and anomalies in the operation S.O. 2028. — In pursuance of Section 17 of the Industrial Disputes of the existing award 21.1 to 21.29 356-369 XXII The need for the development of the banking industry Act, 1947 (14 of 1947), the Central Government hereby publishes the following including banking facilities in rural areas, and award of the National Industrial Tribunal, Bombay in the industrial dispute Special needs of the State Bank of India and referred to the said Tribunal by the notifications of the Government of India, in its subsidiaries, in respect of any of the fore- the Ministry of Labour and Employment, Nos. S. O. 705, 1449 dated going items, having regard to their responsibility respectively the 21st March, 1960 and the 4th June, 1960. for the conduct of Government business 22.1 to 22.21 369-379 BEFORE THE NATIONAL INDUSTRIAL TRIBUNAL (BANK DISPUTES) XXIIIAny other question connected with or arising AT BOMBAY. out of, the foregoing matters 23.1 to 23.44 379—393 XXIV Costs 24.1 to 24.2 394 REFERENCE NO. I OF 1960. XXV Acknowledgements 25.1 to 25.3 394—395 In the matter of disputes between the Banking Companies and APPENDICES Corporations specified in Schedule I to the Order No. S.O. 705, dated the “A” Government Order/Notification No. 705, dated 21st March, I960, 21st March 1960 and in the Schedule to the Order No. S.O. 1449, dated the No. 1449, dated 4th June, 1960, No. 704, dated 21st March, 1960 4th June 1960 of the Government of India in the Ministry of Labour and and No. 706. dated 21st March, I960 396-400 Employment, “B” List of appearances 400-402 “C” Interim Award, dated 14th December, 1960 .. 403-409 and “D” Order of the National Tribunal (Bank Disputes) Bombay, dated 31st October, 1960 Their workmen. regarding Section 34A of the Banking companies Act, 1949 409-431 "E" Order of the National Tribunal (Bank Disputes). Bombay, dated 18th -November, PRESENT: 1960 regarding bringing on record the Reserve Bank of India as a party to Reference The Honourable Shri Justice Kantilal T. Desai, Presiding Officer of the No. I of 1960 431-440 National Industrial Tribunal (Bank Disputes), Bombay. (Now Chief Justice of "F" Order of the National Tribunal (Bank Disputes), Bombay, dated 16th January 1961 the High Court of Gujarat). regarding the issue of summons for, procedure of documents 440-444 “G” Order of the National Tribunal (Bank Disputes), Bombay, dated 20th January 1961 APPEARANCES: regarding the furnishing of the certificates by the Reserve Bank of India under Section 34A of the Banking Companies Act, 1949 444-449 As in Appendix B. INDUSTRY : Banking. [PLACE : Bombay.] Dated, the 7th June, 1962. 1 AWARD the 21st March 1960 to all the 67 banking companies and corporations referred to in the Order banking companies and corporations on the one hand and CHAPTER I their workmen on the other. INTRODUCTORY 1.6. It took some time to set up the secretariat of the Tribunal. On 19th 1.1. By a Notification bearing No. S. O. 704, dated New Delhi the 21st May 1960, a preliminary informal meeting was held at which representatives March 1960 the Central Government in exercise of the powers conferred by of a number of banking companies and corporations and of some of the section 7B of the Industrial Disputes Act, 1947, constituted a National important workmen’s organisations attended. At that meeting, the wishes of Industrial Tribunal with headquarters at Bombay and appointed me as the those who attended in connection with the filing of the statements of claim Presiding Officer of the Tribunal. A copy of the Notification forms part of and the filing of the written statements to such statements of claim were Appendix A. ascertained. As a result of the informal discussions which took place, notices 1.2. By an Order bearing No. S. O. 705, dated New Delhi, the 21st were issued bearing date 20th May, 1960 to all the 67 banking companies March 1960, the Central Government being of the opinion that an industrial and corporations referred to in the Order bearing No. S. O. 705 dated the dispute existed or was apprehended between the banking companies and 21st March 1960 and their workmen, requiring the workmen to file their corporations specified in Schedule I to the said Order and their workmen in statements of claim on or before the 10th June 1960 and requiring the banking respect of matters specified in Schedule II thereto, which were either matters companies and corporations to file their written statements in reply to such in, dispute or matters connected with or relevant to the dispute, and that the statements of claim on or before the 11th July 1960 and fixing the date of the dispute involved questions of national importance and also was of such a hearing of the Reference as the 20th July 1960.
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