Case: Canara Bank Limited Vs. Anant Narayan Surkund and Others

clerks). It is urged that when allowances were provided for cashiers in para 164(b), the intention was to exclude routine clerks in the cash department. These routine clerks in the cash department, it is urged, can be either paying clerks or receiving clerks or paying-cum-receiving clerks. As suming that is so, it does not follow that clerks like the cashiers in the present cases were not intended to be entitled to a special allowance. The reason for this special allowance for cashiers was that they were in-charge of cash and that, as we have explained means that they should be in sole charge of the cash in the single lock box. Now routine clerks in the cash department may be paying clerks, receiving clerks or even paying-cum-receiving clerks; but they would not be entitled to any allowance unless it was shown that they were in sole charge of the cash in the single lock in the particular branch. That can only happen when there is a single clerk doing the work of both receiving and paying in the cash department of a branch, for then only it can be said that he is in sole charge of the cash in the single lock box of the bank during the working hours. The words "other than routine clerks" used in para 164 (b) are made clear by four entries in the said paragraph, namely, clauses 3, 4, 5 and 6. These clauses provide for special allowance for head cashiers. Units of 5 clerks and above (cl. 3), for head cashiers, units of four clerks and below (c). 4), for assistant cashiers (above the level of routine clerks, Units of 5 clerks and above, (cl. 5), and for assistant cashiers (above the level of routine clerks), units of four clerks and below, (cl. 6). These clauses will show that when the cash department consists of more than one person it is only one person, whether he is called the head cashier or assistant cashier, who would be in-charge and would get an allowance and not the other clerks working in the cash department who may be doing either receiving work or paying work or even both paying and receiving work. The reason why the clerks in the present appeals are entitled to allowance is that they are the sole clerks doing both receiving and paying work and they have to take charge of the single lock box in the morning and are responsible for it throughout the day and make over charge of the single-lock box in the evening when the bank closes for the day. It is only such sole clerks in the cash department of a branch who would be entitled to an allowance under cl. (7) of para 164 (b).130 of the decision of the Labour Appellate Tribunal. It seems to have been urged before the Appellate Tribunal that receiving and paying cashiers should be granted special allowance; but that was rejected. It is urged that in view of this rejection it is not open to the workmen to urge that clerks like those with whom we are concerned in the present appeals are entitled to the allowance under para 164 (b) (7). In the first place it appears to us on reading para 130 that what was contemplated therein was receiving clerks and paying clerks and not receiving-cum-paying clerks. If that is so, the rejection of the allowance for receiving clerks and paying clerks will not affect the case of receiving-cum-paying clerks. But even if the words used include receiving-cum-paying clerks that does not again mean that receiving-cum-paying clerks who are in sole charge of cash should not get the allowance under para 164 (b). It is clear to us that when the case of receiving-cum-paying clerks was rejected by the Appellate Tribunal it referred only to those receiving-cum- paying clerks who were not in- charge of cash, for it may be possible for a bank to have a receiving-cum-paying clerk along with (say) a head cashier, and in such a case it is only the head cashier who is entitled to the allowance as he would be the person in charge and supervising the work of other clerks. Lastly it is urged that if this interpretation is put on para 164 (b) (7), it will create some anomalies. It is pointed out in this connection that in cl. (4) head cashiers (units of four clerks and below) will get only Rs. 11/- in B class banks and Rs. 8/- in C class banks as special allowance while cashiers in -charge of cash like the clerks in the present appeals would get Rs. 15/- in a B class bank and Rs. 12/- in a C class bank as allowance. We however find no anomaly in the fact that cashiers in-charge of cash in pay offices (which words include branches) would get a little more as allowance than head cashiers in cl. (4) who have a unit of four clerks or less. It may well have been thought by the Sastry Tribunal that a sole cashier in-charge of cash in a cash department doing both receiving and paying work may have greater responsibility than a head-cashier with four or less clerks below him. In any case this difference in the allowance cannot in our opinion affect the clear meaning of para 164 (b) (7).In appeals 731-752, the facts are exactly the same with this addition that the sole clerk doing receiving as well as paying work in the branches of this bank further has the key of the single lock box always in his charge while in appeal No. 787 there is no evidence as to who keeps the key of the single lock box after it is put in the double lock. That in our opinion makes no difference to the responsibility and in any case would be an added reason for the sole clerks in the cash department in appeals Nos. 731 to 752 getting special allowance.8.

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

Explanation:
0[ds]We are further of opinion that there is no force in the second contention of the banks either. It is true that para 164 (b) (7) of the Sastry award speaks of cashiers in-charge of cash at pay offices. We recognise that strictly speaking a branch of the bank is not the same thing as a pay office; but the question whether the provision of para 164 (b) (7) would apply to a branch was referred to Shri jeejeebhoy for clarification under s. 6 of the Industrial Disputes (Banking Companies) Decision Act, 1955, (XLI of 1955) and Shri Jeejeebhoy held in 1959 that the use of the words "pay office" was not intended to have a restricted meaning referring only to those units which actually had the designation of pay office and would also apply to a branch in properNow routine clerks in the cash department may be paying clerks, receiving clerks or even paying-cum-receiving clerks; but they would not be entitled to any allowance unless it was shown that they were in sole charge of the cash in the single lock in the particular branch. That can only happen when there is a single clerk doing the work of both receiving and paying in the cash department of a branch, for then only it can be said that he is in sole charge of the cash in the single lock box of the bank during the working hours. The words "other than routine clerks" used in para 164 (b) are made clear by four entries in the said paragraph, namely, clauses 3, 4, 5 and 6. These clauses provide for special allowance for head cashiers. Units of 5 clerks and above (cl. 3), for head cashiers, units of four clerks and below (c). 4), for assistant cashiers (above the level of routine clerks, Units of 5 clerks and above, (cl. 5), and for assistant cashiers (above the level of routine clerks), units of four clerks and below, (cl. 6). These clauses will show that when the cash department consists of more than one person it is only one person, whether he is called the head cashier or assistant cashier, who would be in-charge and would get an allowance and not the other clerks working in the cash department who may be doing either receiving work or paying work or even both paying and receiving work. The reason why the clerks in the present appeals are entitled to allowance is that they are the sole clerks doing both receiving and paying work and they have to take charge of the single lock box in the morning and are responsible for it throughout the day and make over charge of the single-lock box in the evening when the bank closes for the day. It is only such sole clerks in the cash department of a branch who would be entitled to an allowance under cl. (7) of para 164 (b).130 of the decision of the Labour Appellate Tribunal. It seems to have been urged before the Appellate Tribunal that receiving and paying cashiers should be granted special allowance; but that was rejected. It is urged that in view of this rejection it is not open to the workmen to urge that clerks like those with whom we are concerned in the present appeals are entitled to the allowance under para 164 (b) (7). In the first place it appears to us on reading para 130 that what was contemplated therein was receiving clerks and paying clerks and not receiving-cum-paying clerks. If that is so, the rejection of the allowance for receiving clerks and paying clerks will not affect the case of receiving-cum-paying clerks. But even if the words used include receiving-cum-paying clerks that does not again mean that receiving-cum-paying clerks who are in sole charge of cash should not get the allowance under para 164 (b). It is clear to us that when the case of receiving-cum-paying clerks was rejected by the Appellate Tribunal it referred only to those receiving-cum- paying clerks who were not in- charge of cash, for it may be possible for a bank to have a receiving-cum-paying clerk along with (say) a head cashier, and in such a case it is only the head cashier who is entitled to the allowance as he would be the person in charge and supervising the work of other clerks. Lastly it is urged that if this interpretation is put on para 164 (b) (7), it will create some anomalies. It is pointed out in this connection that in cl. (4) head cashiers (units of four clerks and below) will get only Rs. 11/- in B class banks and Rs. 8/- in C class banks as special allowance while cashiers in -charge of cash like the clerks in the present appeals would get Rs. 15/- in a B class bank and Rs. 12/- in a C class bank as allowance. We however find no anomaly in the fact that cashiers in-charge of cash in pay offices (which words include branches) would get a little more as allowance than head cashiers in cl. (4) who have a unit of four clerks or less. It may well have been thought by the Sastry Tribunal that a sole cashier in-charge of cash in a cash department doing both receiving and paying work may have greater responsibility than a head-cashier with four or less clerks below him. In any case this difference in the allowance cannot in our opinion affect the clear meaning of para 164 (b) (7).In appeals 731-752, the facts are exactly the same with this addition that the sole clerk doing receiving as well as paying work in the branches of this bank further has the key of the single lock box always in his charge while in appeal No. 787 there is no evidence as to who keeps the key of the single lock box after it is put in the double lock. That in our opinion makes no difference to the responsibility and in any case would be an added reason for the sole clerks in the cash department in appeals Nos. 731 to 752 getting special allowance.