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Published 17 September 1949

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REGISTERED No. D- 28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, NOVEMBER 17, 1949

GOVERNMENT OF INDIA

MINISTRY OF LABOUR

NOTIFICATIONS

New Delhi, the 15th November 1949

LR-2(243)/I.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (XIV of 1947), the Central Government is pleased to publish the following interim award of the All-India Industrial Tribunal (Bank Disputes), in the industrial dispute regarding interim relief, between certain banking companies and their employees in Delhi and East Punjab.

BEFORE THE ALL-INDIA INDUSTRIAL TRIBUNAL (BANK DISPUTES), BOMBAY.

ADJUDICATION

BETWEEN

The Banking Companies covered by Schedule I to Government Notification No. LR-2(212) dated the 13th June 1949, and having head offices, branches etc., in the provinces of Delhi and East Punjab;

AND

Their workmen.

In the matter of a dispute re: Interim Relief.

PRESENT

Mr. K. C. Sen, Chairman,

Mr. J. N. Majumdar, Member,

Mr. N. Chandrasekhara Aiyar, Member,

( 2286 )

2286 THE GAZETTE OF INDIA EXTRAORDINARY, NOV. 17, 1949

APPEARANCES

Mr. Bamlal Anand wth Messrs. Hans Eaj Sawhney and Charandas Puri Advocates for the Punjab National Bank, Delhi, Mr. H. C. Captain for the Central Bank of India Ltd., Mr. Vedvyas, Advocate for the Bharat Bank, Ltd., Mr. W. D. Grover for the Gadodia Bank, Ltd., Mr. V. A. De'Silva of Messrs. Craigie Blunt & Caroe for the Chartered Bank of India, Australia and China, and the Grindlays1 Bank Ltd.,

Mr. D. B. Pafiiey for the United Commercial Bank Ltd., Mr. Mohan Beharilal for the Mercantile Bank of India Ltd., Mr. H. L. Parvana, President, for Bharat Bank Employees' Union, Delhi, Mr. H. L. Parvana and Mr. H. L. Puri for the Punjab National Bank Employees' Union, Delhi,

Mr. H. L. Dogra for the Punjab National Bank Employees' Union (EaBij Punjab), Ludhiana,

Mr. Dayaldas for the Allahabad Bank Employees' Union, Delhi, Mr. J. N. Mehrotra for the employees of the Central Bank of India Branches in Delhi,

Mr. Dharma Vir Tannayyalal, General Secretary, the Punjab National Bank Workmen's Union,

Mr. Jivan Das Kalra for the Punjab Co-operative Bank Ltd., Amritsar, East Punjab Branches Staff,

Mr. 3T. C. Khanna, representative of the Central Bank of India Ltd., Staff in New Delhi,

Mr. G. N. Trikannad, General Secretary, for Federation of Bank Employees,

Mr. A. R. Whig, Advocate, for the Punjab National Bank Employees' Union, East Punjab.

AWARD

In the course of this Tribunal's hearing of the dispute referred to them by the Central Government's Notification in the Ministry of Labour No. LB-2(212) dated the 13th June 1949 claims for interim relief have been advanced on behalf, among others, of the workmen of the Banking Companies whioh have [their head offices or branches at Delhi and in the East Punjab. The Tribunal decided to hear this matter at New Delhi, and they have heard the parties concerned in the said dispute. Nearly all the Unions concerned have made demands for interim relief, basing them on the increase in the cost of living for some time past, but suoh claims were generally made as late as August 1949. Representatives of some of them stated that such demands had been made to the Banks concerned earlier, but most of such demands were admitted to have been made only orally. Some of the Banks (e.g., the Central Bank of India and the Punjab National Bank) have introduced soales of pay and dearness allowance in accordance with Mr. B. B. Singh's Award in the United Provinces, and some have even granted further increases, but the praotioe has not been uniform. Many of the Banks have increased previous scales of pay and dearness allowance during the last two years, some after having received reprosontations from their employees. There appears, however to be no uniformity in the Roales in foroe in the different Banks'. Complaints are loudest against the Bharat Bank of which the workmen struck work three

THE GAZETTE OP INDIA EXTBAORDINAEY, NOV. 17, 1949 2287

times between November 1948 and Maroh 1949. As regards the Punjab National Bank the main complaint i9 that it has not done enough for such of its employees as had migrated from the West Punjab; but it was not denied that the Bank had opened 60 new branches in which a majority of the refugee employees had been absorbed. Still, according to the Bank's Employees' "Union, the soales of pay given to such persons left much to be desired.

2. There haa been no Award so far as regards Banks in Delhi or the East Punjab or any of its oities. It is obvious that in view of the diversity of the wage and dearness allowance scales it would be difficult to lay down any ecales of interim relief applicable to all the Banks now under consideration; the Tribunal cannot, in a matter like this, deal with individual cases separately.

3. In our opinion the question of interim relief in such cases depends mainly on two considerations: (1) whether the workmen have been living under an intolerable strain owing to there having been an appreciable increase in their oost of living during, say, the last two years, without a corresponding rise in pay or allowances, and (2) what should be done in the case of the Banka whose scales of pay and dearness allowance have always been, and are still, abnormally low. As to the first question, we were unable to get the cost of living indices up to date of any city except Delhi in the area now under con- sideration and those indices relate only to the working class. In these circumstances we believe that it would not be unreasonable or improper to adopt the indices for Delhi as fairly representing the other places in the said area, with reference, particularly, to the question to what extent the cost of living has gone up during the last two years. In the publication entitled ""Monthly Abstract of Statistics for July 1949" published by the Government! of India we find the cost of living averages given for the working classes foij Bombay, Madras, Delhi and other oities. For Delhi the yearly averages for 1947 are shown as 124 (food) and 122 (general), the base 100 being of the year, 1944. The 1949 figures up to June are as follows: —

1940 January

Food

117

GtenenU 128

117

127

119

127

February

Maroh

April

128

120

132

128

May

June

128

181

The greatest rise, therefore, is in the "general" cost from 122 in 1947 to 181 in June 1949. Even taking 181 to represent the average for 1949, the increase is of 9 points in two yeara. As we are not in a position to say that the dear- ness allowances given jn this area corresponds to the inorease in the cost o( living since 1944 (the year represented by the basic figure of 100), the method of calculation adopted for the United Provinces and the Bombay Province in our recent Awards for ascertaining the increase in the cost of living does not appear to be suitable. The fact that neither the local Government nor the Central Government has so fat felt the heoessity of referring the question of pay and*dearness allowance of Bank workmen for adjudication in the area under consideration as well as the fact that applications in writingf have been received by t he Tribunal for interim relief as late as August 1949, (the Tribunal having been appointed on the 18th June 1949), suggest that the need for interim relief in the said area cannot have been felt as acute or urgent.

4. In view, however, of the fact that some of the Banks have been paying abnormally low soales of wages and dearness allowance and the fact that some oj the Banks have felt the necessity, after introducing the soales of pay, etc. awarded by Mr. B. B. Singh in the United Provinces, of again taisiBir >tti^lHaM _. -s.LifrS ii-i Lue united .Provinces, oi again raising°he said

8288 THE GAZETTE OF INDIA EXTEAOEDINART, NOV. 17, 1049

scales, etc., it seems to us that at least some minimal scales of pay and dearnesa allowance should be fixod pending our final Award. Wo fix these minimal, scales as follows: —

Dearnean allowanoe

Pay

Clerks

Clerks

Subordinate staff

Subordinate staff

Rs. 25 Class Bank's

Rei. 30

Rs. 25

R". eo

'A'

Rs. 26

Rs. 25

Class Banks

RB. 25

n<*. eo

Ra. 18

Rs. 25

Class Banks

Rs. 85

RH. 22

•B' •O1

5. AB to classification, if any Bank has already been classified by Mr. B. B. Singh in his Award or by us in ours in dealing with the United Provinces Banks, that classification should stand other Banks should be taken to fall within Class ' C.

6. If any Bank has been paying higher scales of pay or dearness allowanoe than we are awarding now, it will naturally not bo affected by the minimal scales directed by us to be paid; and wn also diroct that oases in which the total of the pay and allowances as now being paid is equal to or higher than the total of the pay and the doarneas allowance now fixed will alBo remain unaffected by this Award. We also direct that the scales now awarded should have retros- pective effect from the 1st June 1949 and that the amount, if any, payable to a workman undor our direction, in excess of what has been paid, upto the date on which thin Award comes into oporation should be paid to suoh workman within two months bom suoh date. We further direct that out of tho total o£ the pay and allowances now being paid the pay now fixed should first be deductod, the balance, if any, being treated as tho true dearness allowance now being paid; that where such dearness allowance is less than the dearness allowanoe now fixed the difference shall be paid as interim relief; and that where tho total ot the pay and allowance now boing paid is less than the pay now fixed, the full dearness allowance now fixed should be paid as interim reliof

7. Finally, we think that in tho following oasea it would be proper to exclude the Banks concerned from the operation <,i this Award. We would first exclude Ihe Bunks which are members of the Dj&p'aced Banks Association and the Banks numed in Group D ol the scheduled. Banks and tho non-scheduled Banks in Schedule 1 to the Notification oi the 13th June 1949. No demands for interim relief have been received from tho employees of any such Banks, the resources of which are poorer than those of other Banks. We also think that it would be proper to excludi the branches of the Imperial Bank of India (Bengal Circle) situated in the area under consideration, for it would be more appropriate to consider all such branches at Calcutta. We would also exclude the Bank of B,a]asthan, Ltd., which, we understand, does not possess branches in more than one province of India. We direot accordingly.

(Sd,) K. 0. SEN,

Chairman,

(Sd.) J. N. MAJUMDAB,

Member.

(Sd.) N". CHANlmASEKHABA AITAH,

Member,

Camp: Calcutta, 17th October 1949.

THE GAZETTE OF INDIA EXTRAORDTNA.EY, NOV. 17, 1949 2289

LR-2(243)/II.—In pursuance of Section 17 of the Industrial Disputes Aot, 1SM7 (XIV o£ 1947), the Central Government is pleased to publish tlia following interim award of the All-Jndia Industrial Tribunal (Bank Disputes}, in the industrial dispute regarding interim relief, between certain banking com* pauieij and their employees hi Bihar.

BEFORE THE ALL-INDIA INDUSTRIAL TRIBUNAL (EANK DISPUTES},

BOMBAY

ADJUDICATION

BETWEEN

The Banking Companies covered by Schedule I to Government Notification J?o* LR-2(212), dated (he 18th June 1949, and having head office, branches, etc., in the province of Bihar,

AND

Their workmen,

In the matter of a dispute re: Interim Relief

PRESENT

Mr. K. C. Sen, Chairman, Mr. J, N. Majumdar, Member, Mr N. Chandrasekhara Aiyar, Member.

APFBARANOBS

Mr, Girija Nandan Prasad and Mr. Devendra Prasad for the Bank of Bihar, Messrs. J. J. Khambata and H. V. Prabhu for the Central Bank of India, Mr Jai Jai Ram Vcrma for the Bharat Bank, Mr. D. R. Vatney for the United Commercial Bank, Mr. Harihar Prasad with Mr. Khawja Tnaitullab, for the Caya District Bank Employees' Association,

Mr. Enjeswiir Kuiriar, President with Messrs. Ram Lakhau Singh and Ragho Nandan Prasad for the Bunk of P-ihar Employees' Association,. Sri S. C. Mukbei-]i, Advocate, with Sri Earn Binod Singh for the Bharatf Bank Employees' Union.

AWARD

In the courso of this Tribunal's hearing of the dispute referred to them by the Central Government's Notification in the Ministry of Labour No. LR^2(212)> dated the 10th June 1949 claims for interim relief' have been advanced on behalf, among oiliers, of the workmen of the E.ajiking Companies which have their head offices or branches in the province of Bihar. The Tribunal heard the parties concerning this demand at Fatua. An application for interim relief was received from the Bank of Bihar Employees' Association in the early- part of September 1949. The fact that tbie application was made about three tnonths after the appointment of the Tribunal prima facie suggests that there h no great urgency in the demand. The employees, however, have stated thafl the workmen in this, province, which is educationally and industrially a bacK- ward province, are long-suffering and docile by nature but that their need bid

2290 THE GAZETTE OF INDIA EXTBAOEDINABY, NOV. 17, 1949

their sufferings owing to the effects o£ the country-wide rise in the cost of living are no less than those of their fellow workers in other provinces. Certain Banks have been paying their workmen much higher wages than others, e.g., whereas the minimum pay and dearness allowance given by the Imperial Bank of India are Es. 70 and Es. 50 respectively per month to clerks and Es. 80 and Es. 25 respectively to peons, the Bharat Eank pays Es. 60 and Es. 20 respectively to its lowest grade clerks and Es. 20 and Be. 7 respectively to its lowest paid peons. We think that it is imperative that some relief should be given now to the workmen of such Banks as are paying abnormally low scales of pay and dearness allowance. We believe that though the making of our final award may not take more than a few months hence, at least some minimal scales of pay and dearness allowance should be fixed pending our final Award. We fix these minimal scales as follows:—

Dearneog allowanoo

P ay

Subordinat e dorks

Olerka

staff

Subordinate staff

•A' Clans Banks

20

25

25

60

•B' Class Banks

18

23

25

C7

'C Class Banks

15

20

B5

20

2. As to classification, if any Bank has already been classified by Mi., B. B. SiDgh in his Award or by us in ours in dealing with the United Provinces Banks, that classification should stand; other E&nks should be taken to belong to 0Iaa3 ' C.

3. If anv Bank has been paying higher scales of pay or dearnese allowance it will naturally not be affected by the minimal soales directed by us to be paidj and we also direct that cases in, which the total of the pay and the dearnesa allowance as now being paid is equal to or higher than the total of the pay and the dearness allowance now fixed will also remain unaffected by this Award.. We also direct that the scales now awarded should have retrospective efieoii from the 1st June 1949 and that the amount, if any, payable to a workman tinder our direotion, in excess of what has been paid, up to the dale on which this Award comes into operation should be paid to such workman within two months from such date. We further direct that out of the total of the pay and allowances now being paid the pay now fixed should first be deducted, the balance, if any, being treated as the true dearness allowance now being paid; that where such dearness allowance is less than the dearness allowance now fixed the diflerenoe shall be paid as interim relief; and that where the total of the pay and allowances now being paid is less than the pay now fixed, the full dearness allowance now1 fixed should be paid as interim relief.

4. Finally, we think that in the following cases it Would be proper to exclude the Banks concerned from the operation of this Award. We would first exclude the Banks which are members of tho Displaced Banks Association and the Banks named in Group D of the Scheduled Banks and the non-scheduled Banks in Schedule I to the Notification of the 18th June 1949. No demands for interim relief have been received from the employees of any such Banks, the resources of which are poorer than those of other Banks. We also think that it would be proper to exclude the branches of the Imperial Bank of India (Bengal Circle^

THE GAZETTE OF INDIA EXTEAOBDINABY, NOV. 17, 1949 229i

situated in the area under consideration, for it would be more appropriate to consider all suoh branches at Calcutta. We would also exclude the Bank of Bajasthan, Ltd., which, we understand, does not possess branches in more than one province of India. We direct accordingly.

(Sd.) K. 0. SEN,

Chairman,

(Sd.) J. N. MAJUMDAE, Member, (Sd.) N. CHANDEASEKHABA AIYAE,

Member-

Camp: Calcutta, 17th October 1949.

LR-2f243)/in.—In pursuance of Section 17 of the Industrial Disputes Aofc, 1947 (XIV of 1947), the Central Government is pleased to publish the following interim award of the All-India Industrial Tribunal (Bank Disputes), in the industrial dispute regarding interim relief, between certain banting com^ panies and their employees in the Provinoe of Bombay.

BEFORE THE ALL-INDIA INDUSTRIAL TEIBUNAL (EANR DISPUTES), BOMBAY

ADJUDICATION

BBTWEEN

The Banking Companies covered by Schedule I to Government Notification No LP-2(212), dated the 13th June 1949, and having head offices, branohes, etc ' m the Province of Bombay,

AND

Their workmen.

In the matter of a dtupute re Interim Belief

PRESENT

Mr K. C. Sen, Chairman,

Mr. ,T. N. Majumdnr, Member,

Mr N. Chandrasekhara AJyur, Member.

APVEABANOHS

Counsel Hir Jamshodij R Kangfi and Mr. Plair of Messrs. Crawford Bayley and Co., Solicitors, for the Imperial Bank of India. 7 Oounbc] Sir Jamshcdji B Kangn with Mr. K. J. Kolah and Mr H 0 Captain for tht Central Eank of Jndia,

Counsel Sir Janmhedji 15. Kanga with Mr. E. J. Kolah for the Bank of India Counsel Mr. Eeynon and Mr. De'Silva of Messrs. Cragie Blunt and Oaroa' Sohoito™ *w the Chartered Bank of India, Australia and 0 ^ ^' Mr. Blair of Messrs Crawford Bayley & Co. for Banks Nos 8 4 S in Exchange Banks Group and No. 1 in Group B of the Scheduled

M" " u S ;1 MeS9rS- M u l la a nd MlllIfl ^ *" Ptmjab National

M r' AM ? >V aKyF N110-*01' O f^e S S r a" 9a p t e in & V a i^a' Solicitors, with Mr. T-. X. 1. Nanman, Manager, for the Union Bank of India.

22"2 THE GAZETTE OP INDIA EXTBAOBDINABY, NOV. 17, 1W49

Counsel Mr. S. D. Vimadalal with Mr. Martiu of Messrs. Little & Co., for No. 9 in Exchange Banks Group,

Counsel Mr. Beynon with Mr. De'Silva of Messrs. Craigie Blunt and Caroe for Banks Nos. 2, 5, 6 and 7 in Exchange Banks Group.

Mr. 8. Khambata, Solicitor of Wadia Ghandhy & Co., with Mr. Ashworth, Accountant for No. 10 in Exchange Banks Group,

Mr. B. S. Davar with Mr. Baptista for No. 11 in Exchange Banks Group, Mr. B, K Daphtary for the Bank of Baroda, Mr. Tanubhai Dewi, Solicitor, for Banks Nos 3 and 5 in Group B, Nos.j 4, 5, 6, 9, 10, 11, 14, 17, 18, 19, 22, 23, 24, 27, 30, 36, 88, 48 in Group C, and No. 9 in Group D of tho Scheduled Banks;

Mr, Shantilal H. Shah for the Vadodm Rajya Bank Nokar Sangh, The Ahmedabad Banks Employees' Union, and the Surat Bank Employees' Union, Surat,

Mr, N, V. Phadke with Mr. G. N. Trikannad, General Seoretary for thfe Federation of Eank Employees, Bombay,

Prof. K. T. Shah for the Imperial Bank of India Staff Federation, Prof. K. T. Shah with Mr. N. V. Phadke for the Imperial Bank of India Staff Association (Bombay Circle),

Mr. Y. B. Bege and Mr. Shantilal Shah for the Imperial Bank of India Indian Staff Association (Bombay Circle),

Mr. J. A. Assimption, Chief Delegate of All India Grindlay Employees, for Grindlttys Bank Ltd., Staff Union, Bombay.

Mr. "P. D. Joshi for Ihc Dena Bsmk Employees Union, Mr. C. B. Mankur and others for the Chartered Bank of India, Australia and China, Bombay (staff),

Mr. B. ]>. Mallyn for the United Cummercia] Bank Ltd., Bombay Staff, Mr. P D. Patkar for the Allahabad Bank Employees' Union. Mr. N. V. Phadke and Mr. S. S. Dighe for the Bank of Baroda Employees' Union, Bombay,

Mr. N. B Bilimoria for the Central Bank Employees' Union.

AWAED

An Award waB given by Divntia J. on the 9th April 1947 legarding a dispute whioh existed between a la ge number of Banks situated in the Bombay City and the workmen employed by tbem. On the 11th March 1948 a similar Award was given by him in respect of the Banks situated at Ahmedabad also. Since then the employees of a number of ihe said Banks have terminated the Bombay Award by notices given under the Bombay Industrial Eelations Act; while other employees filed applicatiorib for eview of Ihe said Award in the Industrial Court, Bombay. There is thus \mma facie a case for consideration of the question whether in view of tho increased cost otf living since the dates of the Awards the scales of pay and dearness allowance awarded have become so inadequate that there is an immodiato necessity of giving interim relief to the workmen of the Banks in the province. In the said two cities and other cities in the province, where, we undersiand, the Awards of Divatia J. have been generally followed, we think that as a general rule the principles enunciated in our Award regarding intenni relief in rebpect of a majo ity of tho Banks in the United Provinces should, as far as possible, apply. Tn that Award we have come to the conclusion (-)iat where the rise in the cost of living since the date ofT the A"wurd has imposed an intolerable strain on the workmen concerned it

THE GAZETTE OF INDIA EXTRAORDINARY, NOV. 17, 1949 2?93

can be said that a case for interim relief has been made out. It docs not appear to us that such a case can be made out unless such rise has been at least 20 per cent, ovo; the highest index figure to which the Award was, or ciin be reasonably presumed to have been, intended to apply. As regards the Banks in the province not governed by the two Awards mentioned above, we think that we should follow, as lur aa practicable, the procedure which has been adopted by us hi dealing with the Banks in the United Provinces which were not governed by Mr. Singh's Award.

2. Mr. Phadke on behalf of borno of. the employees has contended that Divatia J'H Award regarding the .Bombay City banks provided for very inadequate scales of pay and dearness allowance even in the light of the circumstances existing at the date of the Award and that this point should bo taken into consideration. Mr. Vaidya on behalf of the Union Bank lias stated that the workmen of his Bank have entered into an ug eement with the Bank as regards interim relief and that, therefore, his Bnnk should be excluded from the opera- tion of our Award. We have verified thai, sueii an agreement was entered into on the 7th March 1949.

8. As regards Mr, Phndkc s contention, wo cannot judge of tho correctness or adequacy of Divatia -f's Award in Ibis Award, for we must assume, so far ad tho present inquiry is concerned, that he took into account all the relevant circumstances and that the Award was properly made.

4. We have obtained from tho Labou- Office, Bombay, (he following figuroa regarding tho cost of living indices for Bombay and Ahmedabad:—•

B o m b ay

A h m e d a b ad Y e ar

106

1 9 39 ( Y e a r ly A v e r a g e) . . ..

73

270

208 1947 (April)

219

279

1947 ( Y e a r ly A v e r a g e) . . ..

302

256 1949 ( J u l y)

306

245 1949 ( A v e r a ge of J a n u a r y — J u l y)

As regards Ihe Bombay Award it must be assumed that l,he learned Adjudicator ' has allowed for an increase of, say, 10 per cent, over the figu e for April 1947, i c-i up to figure 280. But aw the average for Bombay for 1947 was 279 we may take that figure as the limit up to wbicli tho Awnrd was intended to have application. Applying, therefore, the method adopted in the United Provinces interim relief Awa_d, wo see that 279 represents an increase of 173 points over the basic 1939 figure of 100 for Bombay. Taking the 1949 average figure .'JOG (Jannary-July), that represents an increase of 200 points over 100, i.e., in 1949 there has been an increase of 27 points (200-173) over the averago figu e 279 for 1947. As 27 represents an increase of only 15.6 per cent, over 173, it cannot bs said that the increase in the cost of living over the flguro 279 (which repre- sents the limit of tho cost of living to which tho Bombay Awa d can be deemed to have been intended to apply) is even 20 per cent.

5. Similarly, taking the case of Ahmedabad, the average figure for 1947 was 219 and that for 1949 is 245. Taking the said average of 1947 as the upper limit of the cost of living to which the Award was intended to apply, we get the following figures:—

219—78-148 ;

246—73 = 172 >

172—140—28.

26 represents an increase of 17.8 per cent, over the figure 146.

fiSOi-'ME GAZETTE OF INDIA EXTBAOBDLNAEY', NOV. 17, 1949

Wa thus find that in both these oases the increase since the datea of the Awurds, over the highest figures to which the Awaids respectively may be deemed to have been intended, to apply, has not eoine up to 20 per cent. In bhoiupur and Jalgaon tho percentages of increase in the coat ot Jiving a. o probaoly higher; but Bombay and Alnnedabad contain the principal Banks and llieir branches and the inajoiity of the workmen with whom we are concerned live iii those cities. Ji!veu if, therefore, at some centres the increase has been more than 2U per cent, above the highest figure to which the existing Awards could be deemed (U they had been applicable) to apply (i.e., applying the .Bombay Award nationally for the purposes of this inquiry), it seems to us undesirable that any interim relief in excess of tho Bombay standard should be given to such cent_es. In our opinion, the situation at Bombay and Ahmed- abad is not euch as to call for any interim relief being awarded pending our final decision and we are unable to give any such relief to the workmen of the Bunks governed by Divatia J 'a Awards.

G. As regards those Banks in the piovince of Bombay which are not covered by the su.d Awa ds, it seems to us ihat it would be legitimate, so far as the preseiii, inquiry is concerned, to suppose that if an Award regarding them had to be made in 1947 their workmen would not have been given relief to the full c-xtent ot the said Awards but to a somewhat lesser extent; and following the method adopted in lJart II of our Award relating ta inte.im lelief in the case of thd Banks m the United Provinces, we direct that out of tho total of the pay and allowances now being paid, three-fourths of the pay awarded by Divatia J. should first be deducted as his Jcgitimate pay, the balance, if any, being treated as the true doarness allowance now being paid; and that where such dearness allowance is less than what we may call his legitimate dearnoss allowance, i.e., what a workman would get as dearness allowance on the basis of his legitimate puy if Divutia J's Award lor the Bombay Banks were applied, tho differences between the true dearness allowance and the legitimate doarness allowance shall bo paid as interim relief. Where the total of the pay and allowances now being paid is less than three-fourths of the pay awarded by Divatia J, the dearness allowance to which the workman m question would be entitled under the aaid Award on the basis of his legitimate pay should be paid as interim relief. The calculation of the three-fourths shall be made to tho nearest haJf-rupee. Such Banks shall be classified on tho principles enunciated in Divatia J's Award for Bombay Banks; and the payment of the ditto encc mentioned above shall be made with effect lroni ilie 1st June 1949. We further direct that the arrears, if any, due under this Award up to the date on winch it comes into operation shah be paid within two mouths from such date. Our directions will not affect oases in which greater amounts of doa ness allowance than what is directed >ibove are being paid, and such amounts shall continue to be paid as heretofore. 7. Finally, we think that it would be proper to exclude the non-scheduled Banks in Schedule I to the Notification of the 13th June 1919 from the opera- tion of this Award, and we direct accordingly.

(Sd.) K. C. SF.N,

Chairman,

(Sd.) J. N. MAJUMDAR,

Member,

(Sd.) N. CHANDEASEKHAEA AIYAE,

Member.

Camp: Calcutta, 17th October 1949.

S. C. AGOAEWAL, £>y. Secy.

PUBLISHED BY TETB MANAGER OF PUBLICATIONS, DELHI, INDIA, PRINTED BY THE- MANAGER, GOVERNMENT OI INDIA P R E S S, N EW DELHI, INDIA.

Cite this issue. Extraordinary Gazette of India, Government of India, 17 September 1949. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1949-09-17.E-2358-1949-0000-109765/. Archive identifier in.gazette.csl_extraordinary.1949-09-17.E-2358-1949-0000-109765.