IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 22888 of 2007(Y) -------------------------- PETITIONER: ------------- THE DEPUTY GENERAL MANAGER, INDIAN BANK, CIRCLE OFFICE, ERNAKULAM. BY ADV. SRI.S.EASWARAN RESPONDENTS: ----------------- 1. THE GENERAL SECRETARY, INDIAN BANK EMPLOYEES ASSICIATION, NARAYANA BUILDING, PAZHAYA NADAKAVU, THRISSUR. 2. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM. R1 BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GEN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 22888/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE CLAIM PETITION ID 39/1998(RENUMBERED AS ID NO.231/06) EXT.P2 : TRUE COPY OF OBJECTION SUBMITTED BY THE PETITIONER IN ID 231/06. EXT.P3 : TRUE COPY OF THE REJOINDER FILED BY THE WORKMEN. EXT.P4 : TRUE COPY OF THE AWARD DATED 15.2.07 IN ID 231/06 BY CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUT COURT, ERNAKULAM. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 22888 OF 2007 ------------------------------------------------- Dated this the 27th day of May, 2009 JUDGMENT The petitioner in this writ petition is the Deputy General Manager, Indian Bank, Circle office, Ernakulam. He is challenging Ext.P4 award passed by the Central Industrial Tribunal cum Labour Court, Ernakulam in ID No.231/06, wherein he was the management. The issue referred for adjudication in that ID was as follows: “Whether the action of he management of Indian Bank in denying the graduation allowance to Shri.Vijayan Narendran, Clerk/Shroff, w.e.f.5.12.1992 is legal and justified? If not, to what relief the said workman is entitled?” 2. The workman in that case obtained Master of Arts in History from the University of Mysore in 1992 without undergoing a Graduate course. The question involved was whether a Post Graduate degree obtained without undergoing a course in Graduation can be recognized as a degree for Graduation allowance. The Tribunal relying on two decisions, namely, Krishnappa M. v. S.B.I [2003(3) LLJ 1137] and Menino Furtado v. State Bank of India [1992(2) Serv.LJ 148(Bom.)] held that the Masters Degree obtained without WPC :22888/07 -:2:- first obtaining a BA/B.Sc degree is sufficient for the purpose of grant of Graduation allowance. That award is under challenge before me. 3. The main contention raised by the petitioner is that the Masters degree obtained without undergoing a Graduate course is not recognizable as a degree for graduation allowance. He relies on the decision of the Supreme Court in Annamali University Rep. By Registrar and another v. Secretary to Government Information and Tourism Dept. & others reported in CDJ 2009 SC 348. 4. I have heard both sides. The very same question had been earlier considered by a learned Judge of this Court in respect of the employees of the South Malabar Gramin Bank in W.P.(C) No. 25542/04 in which the learned Judge agreed with the Bombay High Court decision in Furtado’s(supra) case. Following that judgment, in OP Nos.30828 and 32143/02, I had also allowed similar writ petitions in respect of South Malabar Gramin Bank holding that employees who obtained Masters Degree without undergoing an undergraduate course is also eligible for graduation allowance. That being so, following those judgments, this writ petition is liable to be dismissed. WPC :22888/07 -:3:- 5. As far as the judgment relied upon by the learned counsel for the petitioner is concerned, the same specifically go to show that the University Grants Commission itself had treated PG degree obtained without undergoing an undergraduate course up to 1999 as valid. In this case, the workman had obtained the PG degree in 1992. That being so, the decision in the case relied upon by the petitioner cannot be applied to the facts of this case. In any case the degree in question is not being considered for admission to higher course or for employment, but only for an allowance for obtaining a degree. In the above circumstances, I do not find any merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE ttb