Case: State Bank Of India Vs. M. Selvaraj Daniel

the reference to the Sastry Tribunal. This was dealt with in Chapter XIII of the award in four sections. Section I sets out the different contentions raised by the employer and the workmens Counsel. Thus, after mentioning that the employees generally asked for point to point adjustment, i.e., placing of each employee at that stage in the new scale to which he would have risen by reason of the length of his service if he had entered service on the new scale, the Tribunal stated that for the reasons given in Paras. 113 to 117 of the Sen Award it agreed with the conclusion of the Sen Tribunal that a compromise between the two methods advocated by the parties should be adopted. After a general discussion of the arguments in Paras. 285 to 291, the Tribunal proceeded to give concrete directions in Para. 292 dealing with the matter in six sub-paragraphs, as regards workmen who entered the service of the Bank before January 31, 1950; one subparagraph was as regards workmen who joined service of the Bank after January 31, 1950; seven more sub-paragraphs -subparas. 8 to 14 laid down general rules applicable to all workmen whether appointed before or after January 31, 1950.8. This scheme of adjustment was maintained by the Appellate Tribunal with the modification that 31st January 1953 in the Award was substituted by31st January 1954 and 1st April 1953 was substituted by the words 1st April 1954. Clause (d) of sub-para. 4 was deleted and in its place sub-para. 4 (A) was substituted which ran thus:-"After adjustments are made in accordance with the directions given, three further annual increments in the new scale will be added thereto for service for the three years 1951 to 1953. In addition the workman will be entitled to draw his normal increment for 1954 on the 1st of April 1954. Thereafter, each succeeding years annual increment shall take effect as and from the 1st April of that year.9. For workmen appointed before January 31, 1950 there was thus a definite direction that succeeding years annual increments shall take effect from April 1 of that year.10. Sub-paragraph 7 dealing with the workmen who joined service after January 31, 1950 runs thus:"The workmen shall be fitted into the new scale of pay on a point-to-point basis as though it had been in force since he joined the service of the Bank, provided that his adjusted basic pay is not less than what it would be under a point-to-point adjustment on the corresponding "pre-Sen scale.11. It is important to notice that in this provision as regards the workmen who joined service of the Bank after January 31, 1950 no direction has been given as regards the date from which annual increments should take effect. Nor can we find anything in the remaining seven sub-paragraphs laying down generally the rules, any directions whatsoever to justify the plea that the future increments of workmen who joined service of the Bank after January 31, 1950 would start from April 1 of the year. The provision in Para. 12 that the adjusted pay shall have effect from 1st April 1954 has nothing to do with the commencement of future increments. The reason why such a direction was given as regards workmen who entered the service of the Bank before January 31, 1950 and none was given as regards workmen who joined after that date appears to be clear. For workmen who entered the service of the Bank before January 31, 1950 detailed provisions for fitting them into the scales were made including the provisions for increments. It was in view of this apparently that it was thought necessary to indicate the time from which further increments would commence. As the Tribunal brought the new scales into force with effect from 1953 the direction that locally followed was that each succeeding years annual increment would take effect as and from April 1 of that year. The Appellate Tribunal decided to adjust the pay upto 1st April 1954 instead of 1st April 1953. But that did not change the logical position that each succeeding years increment would take effect as and from 1st April of that year.12. The above considerations had no application to the workmen who were directed to be fitted into the new scale of pay on a point to point basis as though it had been in force since they joined the service of the Bank. On the basis that the new scale was in force at the date when the workmen joined the service of the Bank there can be no escape from the conclusion that the increments as provided in that scale would take effect from the anniversary of the date of appointment.13. It is unnecessary for us to consider here why the workmen who joined the service of the Bank after January 31, 1950 were not being given increments in the same way as those who had entered the service before that date. Some indication is given in the Tribunals observations that it would be proper to let bygones be bygones and there should be neither retrospective adjustment of pay or allowances actually paid nor further claims for more than what has been given already. Whatever the reason be the fact remains that special directions were given as regards the adjustment into the pay scale of the workmen who had joined the service of the Bank after January 1950 and in their case nothing was said as to the date from which future increments would take effect. The necessary and inevitable consequence of the absence of any such direction in the matter is, as we have already indicated, that future increments would be on that date of the year when the workman was appointed.14. We have thus reached the conclusion that even on application of the rules of adjustment into the new scale on the assumption that such adjustment was necessary, the appellant-workman would be entitled to the relief he had asked for.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]12. The above considerations had no application to the workmen who were directed to be fitted into the new scale of pay on a point to point basis as though it had been in force since they joined the service of the Bank. On the basis that the new scale was in force at the date when the workmen joined the service of the Bank there can be no escape from the conclusion that the increments as provided in that scale would take effect from the anniversary of the date of appointment.13. It is unnecessary for us to consider here why the workmen who joined the service of the Bank after January 31, 1950 were not being given increments in the same way as those who had entered the service before that date. Some indication is given in the Tribunals observations that it would be proper to let bygones be bygones and there should be neither retrospective adjustment of pay or allowances actually paid nor further claims for more than what has been given already. Whatever the reason be the fact remains that special directions were given as regards the adjustment into the pay scale of the workmen who had joined the service of the Bank after January 1950 and in their case nothing was said as to the date from which future increments would take effect. The necessary and inevitable consequence of the absence of any such direction in the matter is, as we have already indicated, that future increments would be on that date of the year when the workman was appointed.14. We have thus reached the conclusion that even on application of the rules of adjustment into the new scale on the assumption that such adjustment was necessary, the appellant-workman would be entitled to the relief he had asked for.