Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Parity in allowance and benefits-Special allowance to 'cashier in charge of cash '-Industry Level Settlement c between sponsor banks and their Associations giving special allowance of Rs.189 p.m. whereas Bipartite Settlement between SB! and its federation giving Rs. 3801- p.m |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Parity in, allowance and benefits - Special allowance to 'cashier in charge of cash' - Industry Level Settlement between sponsor banks and their Associations giving special allowance of Rs.189 p.m. whereas Bipartite Settlement between SBI and its federation giving Rs. 380/- p.m. - Award by Tribunal that employees of RRB entitled to claim parity in pay scale with counterparts in sponsor bank - RRB's Circular that no comparable post of clerk or cashier holding keys as Joint Custodian in SBL as per instructions of the Government 'cashier in charge' holding keys to be paid Rs. 189/- - Challenge to - Courts below holding Rs 380/- p.m. to be paid as allowance - On appeal, held: National tribunal applied principle of parity and not functional similarity and also did not examine post wise - It did not apply principle of 'equal pay for equal work' - In SBI and sponsored bank there are posts of cash officer and clerk cum cashier who performs distinct functions - Cash Officer holds custody of cash and when cashier performs additional function of cash officer they are paid allowance of Rs. 380/- which is called officiating allowance and not keys allowance - In RRB cash in charge is workman whereas in sponsor bank, he is an Officer.The employees of Regional Rural Banks filed writ petitions challenging their salary structure. The dispute was referred to the National Tribunal. 54 (sponsor) banks and their Association signed 'Industry Level Fifth Bipartite Settlement' and it was agreed that the employees of these 54 (sponsor) Banks would be paid special allowance for clerical staff and 'Cashier in charge of cash' would be paid special allowance of Rs.189 per month. Thereafter, the State Bank of India and its federation entered into 'Fifth Bipartite Settlement' and it was agreed that the workmen would be paid revised functional allowance and each 'cashier in charge of cash' would be paid Rs.380/- per month. The National Tribunal passed an award that the officers and employees of RRBs' would be entitled to claim parity with their counterparts in the sponsor bank in the matter of pay scale. Pursuant thereto, Pay Equation Committee was constituted and it recommended that 'allowances and benefits' of Bipartite Settlement of the sponsored bank were to be extended to the RRBs' employees. Thereafter, Government of India instructed all sponsor banks and RRBs for implementing the tribunal's award and recommendation of the Pay Equation Committee. It was appellant's case that there was no post of 'Joint Custodian of Keys' in the sponsor bank-State Bank of India and the RRBs and also appellant no 2 issued a circular stating that 'Joint custodian of Keys' (junior/senior clerk) would be eligible for a cash allowance of Rs. 380/- per month. Another RRB-Nagarjuna Gramin Bank-sponsored by appellant No.1 issued a circular that there was n· no comparable post of clerk or cashier holding keys as Joint Custodian in SBI and as per Government of India's instructions, 'cashier in charge' holding keys would be entitled to allowance of Rs.189/- per month and not Rs.380/- per month. The appellant No. 2-RRB also issued a similar circular. Respondent-Krishna Grameena Bank Employees Union filed writ petition for quashing the circular issued by the appellant No. 2 on the ground that Fifth Bipartite Settlement provided that the said allowance was to be paid at the rate of Rs.380/- per month as cash allowance and joint custodian allowance was to be paid to the employees of sponsor bank and there should be parity of allowance of the employees of RRB as per the National Tribunal's Award. Subsequently, NABARD issued a Circular with the approval of the Government of India to all sponsor banks including SBI stating that RRBs' special allowance of only Rs.189/- would be payable. The Single Judge of the High Court allowed the writ petition of the respondent. In writ appeal, the order of the single Judge was upheld. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1198 |
Petitioner | Personal Manager, Sbi & Anr. |
Respondent | Krishna Grameena Bank Employees Union & Anr. |
SCR | [2007] 12 S.C.R. 632 |
Judgement Date | 2007-11-28 |
Case Number | 2790 |
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