Appeals Nos 1008 and 1009 of 1965
Appeals by special leave from the orders dated April 1 1965 of the Central Government Labour Court Jullundur in cases Nos 409 of 1963 respectively
C K Daphtary Attorney General section V Gupte Solicitor General Niren De Addl
Solicitor General K B Mehta V Sagar H L Anand and B C Das Gupta for the appellants
M K Ramamurthi for the respondents
The Judgment of the Court was delivered by Wanchoo J
These two appeals by special leave raise a common question as to the interpretation of paragraph 5356 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 section 33 C2 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 5356
The Desai award dealt with the method of adjustment in the scales of pay fixed by it from para 5329 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 900 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 ie 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
5348 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
5348
Paragraph 5356 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
5356 of the Desai award and it is this paragraph which calls for interpretation in the present appeals
We may at this stage mention that a similar question of fit ment 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 vs Prakash Chand Mehra
1 As the words of para 292 of the Sastry award as modified by the Labour Appellate Decision are almost the same as the words of para
5356 of the Desai award we may set out the two paragraphs in parallel columns for comparison Sastry award as modified by the Labour Appellate decision For workmen who enterd service of the bank before 31st January 1950 1
The workman s basic pay as on 31st January 1960 shall not be reduced in any case
1 Desai award For workmen who entered service of the bank before 1st January 1959 i The workman s basic pay as on January 1 1959 shall not be reduced in any case
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 in the new scale
3In the matter of adjustment all efficiency bars whether in the previously existing or in the scales fixed by us should be ignored
4Subject to rules 1 to 3 a workman s basic pay in the new scales shall be fixed in the following manner a A workman shall first be fitted into the scale of pay fixed by our award herein called the new scale by placing him at the stage in the new scale equal to or next above his basic pay as on 31st January 1950 in the pre Sen scale then in force herein called the existing scale
b To the basic pay into which he is fitted under cl
a the annual increments in the new scale as from that stage onwards should be added at the rate of one increment for every completed three years of service in the same cadre as on 31st January 1950 up to a limit of 12 years  service hereafter one increment for every four years of service up to another 8 years service and after that one increment for every five years of service
c Such increments shall not however exceed four in number
NOTE  Omitted by the Labour Appellate Tribunal in view of change in cl
b 4 A
After adjustments are made in accordance with clauses a b and c supra two further increments in the new scale will be added thereto for service for the two years 1951 and 1952
In addition the workman will be entitled to draw his normal increment for 1953on 1st April 1963
Thereafter each succeeding year s annual increment shall take effect as and from 1st April of that year
901 ii Subject to rule i the adjusted basic pay in the scale provided in the Sastry award as modified shall not exceed what point to point adjustment would give him or the maximum in the scale provided by the Sastry award as modified
iii In the matter of adjustment all efficiency bars whether in the previously existing scales or in the scales provided by the Sastry award as modified should be ignored
ivSubject to rules i to iii a workman s basic pay in the scale provided by the Sastry award as modified shall be fixed in the following manner aA workman shall first be fitted into the scale of pay of Sastry award as modified by placing him at the stage in the Sastry award scale as modified equal to or next above his basic pay as on 1st January 1959 in the scale then in force in the bank concerned hereinafter called the Bank s scale
bTo the basic pay into which he is fitted under clause a annual increment or increment in scale provided by the Sastry award as modified as from that stage onwards should be added at the rate of one increment for every completed three years of his service in the same cadre as on 1st January 1959
c Such increments shall not however exceed four in number
d After adjustments are made in accordance with clauses ab and c supra two further annual increments
in the scale provided by the Sastry award as modified will be added thereto for service for the two years of 1960 and 1961
902 We are not concerned with clauses 5 and 6 of para 292 of the Sastry award or with clauses v and vi of para 5356 of the Desai award for purposes of the dispute between the parties and have not therefore set them out
It will be seen from the above comparison of the provisions in the two awards that the substantial provisions of the Desai award are exactly the same as the provisions of the Sastry award as modified except i for changes necessitated by the fact that the Desai award was being given in 1962 and ii the provision in the Sastry award corresponding to sub cl
d of cl
iv of para 5356 of the Desai award was separated by the Labour Appellate Tribunal Decision from cl
4 and made clause 4 A
We have already referred to the fact that para
292 of the Sastry award as modified came up for consideration before this Court in the case of Prakash Chand Mehra  and this Court interpreted clauses 1 to 4 A of the Sastry Award as modified thus We have therefore first to fix the basic pay in accordance with rule 4a and then allow annual increments in accordance with rule 4 b
But this is subject to rules 1 and 2 above
We are unable to accept the contention raised on behalf of the respondent that the words subject to have not the effect of making what would otherwise follow from the application of rules 4a and 4b subject to both the lim its laid down in rule 2
Giving as we must natural meaning to the words used in rules 2 and 4 we are of opinion that in no case can the basic pay be fixed at a higher figure than what the point to point adjustment would give to the workman or the maximum in the new scale
 The dispute between the bank and the workmen in the present case was this
The bank claimed that under cl
ii of the Desai award the adjusted basic pay in the new scale was not to exceed what point to point adjustment would give an employee on January 1 1962
The bank further claimed that this being the maximum permissible under cl
ii and cl
iv being subject to cl
ii the method of fitment provided in cl
iv could not give to an employee more than the maximum arrived at under cl
Thus the bank s case was that once the maximum arrived at by point to point adjustment as on January 1 1962 was reached under cl
ii no further increments even under sub cl
1 903 d of cl
iv could be allowed
The workmen on the other hand claimed that they were entitled to what was provided by sub cls
a b and c of cl
iv and the two increments under sub cl
d and that it did not matter whether what was thus arrived at exceeded the maximum provided under cl
The labour court has partially accepted the workmen s contention and fixed the pay of the two workmen concerned accordingly
The bank contests the correctness of this view
We are of opinion that neither the stand taken by the bank nor the stand taken by the workmen is correct and that the relevant clauses in para
5356 of the Desai award must be interpreted in the same manner as the relevant provisions in the Sastry award as modified were interpreted in Prakash Chand Mehra s case1
In this connection it is brought to our notice that in para
5356 of the Desai award it was stated that the award was giving directions similar to those provided under the Sastry award as modified subject to certain changes which were considered necessary having regard to the lapse of time after coming into force of the provisions of the Sastry award as modified
It is urged on behalf of the appellant that the Desai award made certain changes and therefore need not be interpreted in the same way as was done in Prakash Chand Mehra s case1
We see no force in this submission
It is true that the Desai award said that certain changes were being made but these changes were considered necessary having regard to the lapse of time
However the main intention of the Desai award was also to give directions similar to those provided in the Sastry award as modified
It is true that there are some verbal changes in the Desai award but these verbal changes are only due to lapse of time and do not affect the substance of what was provided by the Sastry award as modified
We do not agree with the case of the appellant bank that in cl
ii the adjusted basic pay is to be as on January 1 1962
We are of opinion that the adjusted basic pay in cl
ii has to be taken as on January 1 1959
This follows from the fact that the workman s basic pay as on January 1 1959 cannot be reduced and therefore when cl
ii speaks of adjusted basic pay it must refer to the same date as in cl
Further cl
iv which provides for actual calculations starts with the words subject to rules i to iii and therefore the actual calculations made under cl
iv must be subject to clauses i and ii
This means in 1 L8Sup
CI66 11 904 effect that the actual fixation
under sub cls
a b and c of cl
iv will be subject to cl
i and cl
Under sub cl
a of cl
iv a workman will be placed in the Sastry award as modified by placing him at the stage in the Sastry award scale equal to or next above his basic pay as on January 1 1959 in the scale then in force in the bank concerned
But in view of cl
i this cannot be less than the actual basic pay of the workman as on January 1 1959
Where under cl
i the actual basic pay as on January 1 1959 is more than what point to point adjustment will give under cl
ii it cannot be reduced for cl
ii is subject to cl
After this has been done the workman would be entitled to increments as provided in sub cl
b read with sub cl
c of cl
iv but this will be subject to cls
i and ii and the adjusted basic pay arrived at by giving the increments under sub cls
b and c cannot exceed the adjusted basic pay as arrived at by point to point adjustment in the Sastry award as modified or the maximum of that scale or the actual basic pay as on 1st January 1959 as the case may be
Thus sub cl
a is subject to cl
i and the basic pay to be fixed on January 1 1959 has to be fixed by reading sub cls
a of cl
iv and cl
i together
Then increments under sub cl
b read with sub cl
c of cl
iv have to be added but this is again subject to the provisions of cls
i and ii
After this has been worked out then comes sub cl
d of cl
iv and the main dispute in the present case is about this subclause
The appellant bank s contention is that two further annual increments allowed under sub cl
d cannot be permitted in view of cl
ii as interpreted by the appellant
But as we have held that in cl
ii the adjusted basic pay has to be fixed as on January 1 1959 sub cl
d of cl
iv will take effect and give two annual increments for 1960 and 1961 which are beyond the date which we have accepted as the right date for purposes of cl
It is however urged on behalf of the appellant that sub cl
d is also subject to cls
i to iii and therefore these increments if they go beyond what cl
ii provides cannot be given
This argument has arisen because the Desai award did not separate sub cl
d as was done by the Labour Appellate Tribunal in its modification of the Sastry award
But as stated by the Labour Appellate Tribunal when dealing with the Sastry award it was inherent in the Sastry award that increments for 1951 and 1952 should be provided after the basic pay was worked out as on January 31 1950
The same applies to the Desai award
Once it is held and that we hold that basic pay under cl
ii has to be worked out as on January 1 1959 the two increments provided by sub cl
d of cl
iv which are beyond that date must 905 be given over and above what has been worked out under sub cls
a b and c of el
iv of the Desai award
The fact that by oversight sub cl
d of el
iv was not made a separate clause would make no difference for sub cl
d provides for a period after the date up to which el
ii works
Therefore two increments under sub cl
d have to be given after adjustments have been made under sub cls
a b and c of el
iv in accordance with what we have interpreted these sub clauses as well as cls
i and ii to mean
In effect the two increments provided in sub el
d must always be given
But it may happen that increments provided in sub cl
b read with sub cl
c may in some cases be not available where the actual pay as on January 1 1959 which will not be reduced under el
i happened to coincide with or was more than the adjusted basic pay under el
This interpretation is in accord with what was decided by this Court in Prakash Chand Mehra s case1 and that decision in our opinion would govern the interpretation of para
5356 of the Desai award also which as we have indicated is in substance the same as para
292 of the Sastry award as modified by the Labour Appellate decision
We now turn to the actual fixation of pay in each case
We shall first take the case of Ram Parkash ie CA 1008
I le joined service on April 11 1949
His basic pay as on January 11959 was Rs 106
His place of posting was Phagwara in area ITT
Point to point adjustment as on January 1 1959 would give him Rs 106 in the Sastry award scale as modified
This is equal to his actual salary as on January 1 1959
Therefore under sub cl
a of el
iv his salary has to be fixed as on January 1 1959 at Rs 106
He would not be entitled to any increments under sub cls
b and c because his actual salary coincided with the adjusted basic pay in the Sastry award scale as modified as on January 1 1959
He would however be entitled to two increments under sub cl
d for the years 1960 and 1961 and his salary therefore as on January 1 1962 under the Sastry award would come to Rs 119
As Rs 119 is the eleventh stage in the Sastry scale Ram Parkash would be entitled to the eleventh stage in the Desai scale which would be Rs 170
The bank actually fixed him at Rs 176 on its own interpretation of the award
In the circumstances Ram Parkash was not entitled to any relief from the labour court
Tek Chand Sharma respondent in CA 1009 was appointed on November 15 1950
His salary as on January 1 1959 was Rs 100 and his place of posting was Nakodar in area IV of the 1 906 Sastry award
His salary according to point to point adjustment would come to Rs 85
But under cl
i his salary cannot be fixed below Rs 100 which he was actually getting
Under subcl
a of cl
iv his salary will be fixed at Rs 100
He would not be entitled to any increments under sub cls
b and c of cl
iv because he was getting more than what would be his adjusted basic pay under cl
Therefore for purposes of sub cl
a of cl
iv he would be fixed at Rs 100 as on January 1 1959 and would be entitled to increments under sub cl
d which will bring his salary to Rs 112 as on January 1 1962
This is the thirteenth stage in the Sastry scale
Nakodar is now in area III in the Desai award
The thirteenth stage in the Desai award scale is Rs 182 for that area
So his salary as on January 1 1962 would be fixed at Rs 182
In addition he is entitled to two increments on account of being a graduate and one increment on account of his having passed the Indian Institute of Bankers  examination
His actual salary in the Desai scale on January 1 1962 will be Rs 182 plus Rs 33 ie Rs 215
The bank fitted him on Rs 193
The award of the labour court therefore in the case of Tek Chand Sharma is correct
We therefore allow CA 1008 and set aside the order of the labour court and dismiss the application of Ram Parkash
We make no order as to costs in the circumstances
CA 1009 is hereby dismissed
We make no order as to costs in the circumstances
CA 1008 allowed
CA 1009 dismissed


Summary:
The respondent employees made applications under section 33C2 of the Industrial Disputes Act for determination and computation of the benefit to which they were entitled under the National Industrial Tribunal Bank Disputes Award Desai Award as they were not satisfied with the fixation of their pay by the appellant bank under para 5356 of the Desai Award
The Bank claimed that under clause ii of para 5356 of the Desai Award the adjusted basic pay inthe new scale was not to exceed what point to point adjustment would give an employee on January 1 1962 and that this being the maximum permissible under cl
ii cl
iv could not give an employee more than the maximum arrived at under cl ii
The employees on the other hand claimed that they were entitled to what was provided by sub cls
a b and c of cl
iv and the two increments under sub cl
d and that it did not matter whether what was thus arrived at exceeded the maximum provided under cl
The Labour Court partially accepted the employees  contention and fixed their pay accordingly
In appeal
HELDThe decision of this Court in Prakash Chand Mehra s case would govern the interpretation of para 5356 of the Desai Award also which is in substance the same as para 292 of the Sastry Award as modified by the Labour Appellate decision
The adjusted basic pay in cl
ii has to be taken as on January 1 1959
This follows from the fact that the workman basic pay as on January 1 1959 cannot be reduced and therefore when cl
ii speaks of adjusted basic pay it must refer to the same date as in cl
Further cl iv which provides for actual calculations starts with words subject to rules i to iii and therefore the actual calculations made under cl
iv must be subject to cls
i and ii
This means in effect that the actual fixation under sub cls
a b and c of cl
iv will be subject to cl
i and cl
Under sub cl
a of cl
iv a workman will be placed in the Sastry Award as modified by placing him at the stage in the Sastry Award scale equal to or next above his basic pay as on January 1 1959 in the scale then in force in the bank concerned
But in view of cl
i this cannot be less than the actual basic pay of the workman as on January 1 1959
Where under cl
i the actual basic pay as on January 1 1959 is more than what point to point adjustment will give under cl
ii it cannot be reduced for cl
ii is subject to cl
After this has been done the workman would be entitled to increments as provided in sub cl
b read with sub cl
c of cl
iv but this will be subject to cl
i and ii and the adjusted basic pay arrived at by giving the increments under sub cls
b and c cannot exceed the adjusted basic pay as arrived at by point to point adjustment in the Sastry Award as modified or the maximum of that scale or the 899 actual basic pay as on 1st January 1959 as the case may be
Thus sub cl
a is subject to cl
i and the basic pay to be fixed on January 1 1959 hag to be fixed by reading sub cl
a of cl
iv and cl
i together
Then increments under sub cl
b read with sub cl
c of cl
iv have to be added but this is again subject to the provisions of cls
i and ii
903 E 903 G 904 E Once it is held that basic pay under cl
ii has to be worked out as on January 1 1959 the two increments provided by sub cl
d of cl
iv which are beyond that date must be given over and above what has been worked out under sub cls
a b and c of cl
iv of the Desai Award
The fact that by oversight sub cl
d of cl
iv was not made a separate clause would make no difference for sub cl
d provides for a period after the date up to which cl
i works
904 H 905 B State Bank of India Prakash Chand Mehra 1961 11 LLJ 383 relied on