...investigation was in fact entrusted to and taken up by CBI - an outside agency, clause 5(a)(iii) was inapplicable. The Bank contends that the case of respondent was governed by para 557 of the Sastry Award (reiterated by para 17.14 ...aggrieved the respondent approached the Orissa High Court for relief. The High Court allowed his writ petition by order dated 14.1.2002. It held that the Sastry Award/Desai Award were inapplicable and.... 4. As the question for consideration depends upon the interpretation of the provisions of the Sastry/Desai Award and the subsequent Bipartite Settlement dated 8.9.1983, we may conveniently...

...in question. In that decision, it was stated that it was not necessary to refer to the details of the Sastry Award of 1953 or the Desai Award which ceased to apply in the year 1966, when the Bipartite...Settlement came into force. The preamble to the Bipartite Settlement dated 19-10-1966 stated that the parties have agreed that the provisions of the award known as “the Sastry Award” as modified by the “Desai ...state that the Sastry Award or the Desai Award has ceased to apply and this position is clarified by this Court in Bank of India v...

...brought to the notice of the undersigned. It has, therefore, been decided to place you under suspension from the Bank's service with immediate effect in terms of para 521(10)(b) of the Sastry Award as retained in the Desai ...paid in terms of provisions of the Sastry Award as retained in the Desai Award and as modified in para 5 of (sic) XVII of the Memorandum of Bipartite Settlement dated 8-9-1983...has been filed by the appellant Bank.4. The order of suspension itself states that the order has been issued in terms of para 521(10)(b) of the Sastry Award as retained in the Desai Award...

...both the charges to have been proved. Thereupon, the disciplinary authority, though proposed to inflict the punishment of discharge from the bank service as provided in para 521(5)(e) of the Sastry Award read with para 18.28 of the ...service into one of withdrawal of special allowance (Head Clerk allowance) as provided in para 521(5)(f) of the Sastry Award read with para 18.28 of the Desai Award and passed final orders accordingly on...passed by this Court in the appeal filed by the respondent and the relevant paragraphs of the Sastry Award and Desai Award, contended that the view taken by the Division Bench is unexceptionable and...

...first respondent proved. Consequent upon this finding, amounting to gross misconduct in terms of the Sastry Award and the Desai Award governing the Bank, the first respondent was dismissed from the Bank's.... It, therefore, ordered reinstatement, as a Typist Clerk, without back wages. The Bank filed a writ petition in the High Court of Kerala impugning the Industrial Tribunal's award. The writ petition was...

...challenged by way of a writ petition before the High Court. In the High Court the contention put forth on behalf of the appellant was that the conditions of service of workmen are governed by the Sastry Award or Desai ...it is not necessary to refer to the details of the Sastry Award of 1953 or the Desai award which ceased to apply in the year 1966.”5. In that decision except...provisions of the award of the National Industrial Tribunal presided over by Mr Justice K.T Desai in Reference No. 1 of 1960 which award inter alia modifies certain provisions of the Sastry award, shall go...

...principle ‘no work, no pay’.(4) Under these circumstances your bringing in reference to Sastry/Desai award has no bearing. The provisions of S. 9A of the Industrial...fundamental pre-requisite of good customer service.”This was protested against by the union stating that the deduction was not authorized either by Desai award or Sastry award, nor by any...

...) of the Sastry Award as retained by the Desai Award. This also constituted moral turpitude as laid down in para 521(1) of the aforesaid Awards. In the charge-sheet it was indicated that if established...follows:“In supersession of para 15.13 of the Desai Award, a workman shall normally retire on reaching the age of 58 years. The Bank will, however, grant to a workman who...

..., the withdrawal of special allowance (Head Clerk allowance) as provided for in the Sastry Award and the Desai Award. An appeal was filed by the appellant before the Division Bench of the High Court...

...respondent during the period he remained under suspension, in the light of the provisions as contained in the Sastry Award, Desai Award and the Bipartite Agreement on the subject as well as the rules of....”6. Clause 17.14 of the Desai Award is to the following effect:“17.14. I make an award in connection with this item in terms similar to those contain...quoted above.”Thereafter, it appears that the Third Bipartite Agreement dated 9-9-1983 was entered into by which para 557 of the Sastry Award and clause 17.14 of the Desai ...

...of Clause 19.6 (a) of the Bipartite Settlement, 1966 read with the provisions of Sastry/Desai Award be not imposed upon him. The disciplinary authority in the show-cause notice recorded tentative...charges of misconduct. The proceeding was conducted under Clause 19.5(C & E) of the Bipartite Settlement, 1966 read with the Sastry/Desai Awards and subsequent settlements. 3. The...1.11.1993, 1.11.1994, 1.11.1995, 1.11.1996 and 1.11.1997 with future effect in terms of clause 19.6(d) of Bipartite Settlement, 1966 read with the provisions of Sastry/Desai Awards and subsequent...

...nature of the duties and functions assigned to him. But in paragraph 338, the Sastry Award rejected the demand made by head cashiers to be treated as supervisors while fixing emoluments appropriate to the position of supervisors, an...till the date of his filing the application viz., August 31, 1963 and, as such he was entitled to receive the special allowance under the Sastry Award, as modified, and also under the Desai Award.... Aggarwala further pointed out that at the relevant time a claim was made by the Head Cashiers to be treated as Supervisors and this claim was rejected both by the Sastry Award and the Desai Award. These...

...of the procedure to be followed for renewal of gold loans referred to hereinbefore. Accordingly, it was a misconduct in term of paragraph 521(4)(k) & (j) of the Sastry Award read with paragraph 18.28 of the Desai ...Paragraph 521(4)(j) of the Sastry Award read with Paragraph 18.28, of the Desai Award. The Petitioner had submitted his explanation dated December 16, 1985. On consideration of the entire material vis-a-vis...quantum of punishment proposed in my Memorandum (3-O) DPC/VSP/No. 49 of 14-11-1985 viz., ‘Dismissal’ from Bank's service without notice, as provided for in paragraph 521(5)(a) of the Sastry Award read with paragraph 18.28 of the ...

...respondent-workman was of casual nature and not against any permanent post or vacancy and also on account of fact that under the Sastry Award and Desai Award, it was open to the banks to engage such...Sastry Award and the Desai Award to engage workman of casual nature when exigencies of work require such employment. Paragraph 5.22(4) of the Sastry Award is quoted below:...been engaged at all.12. In reply Sri Banerjee has argued that the Labour Court has wrongly come to the conclusion that both the Sastry Award and Desai Award were in the nature of...

...second group consisted of workmen who on January 1, 1962 were employed in banks which were not governed by the provisions of the Sastry award as modified and were not thus drawing basic pay on the footing of scales of pay provided b...basis i.e workmen who were drawing basic pay at a particular stage in the time scale of the Sastry award as modified would draw basic pay at the same stage in the new scale applicable to them under the Desai award.... Examples of how this would be done were given in para 5.348 of the Desai award. As to the second group, the Desai award provided that these employees would first be fitted in the appropriate scales provided in th...

...Paragraph 521(5)(e) of the Sastry Award as retained/confirmed by the Desai Award, you shall be discharged from service with immediate effect. The order dated 28.11.2001 passed by me in this regard is...of receipt of this letter by you as provided in paragraph 521(12) of Sastry Award as retained by Desai Award.4. Please acknowledge receipt under your full signature with date on the...the Sastry Award as retained/confirmed by the Desai Award.STATE BANK OF INDIASd/-STAFF TRAINING CENTREASSTT. GENERAL MANAGER (TRAINING)SHILLONG...

...in the matter. Upon consideration of the matter, I have tentatively come to the decision that your misconduct be condoned and you be merely discharged of in terms of para 521(5)(e) of the Sastry Award read with para 18.28 of the ...India for quashing the award of the Tribunal. The High Court held that the charges against the appellant had been established and quashed the award of the Tribunal. It is against this judgment of the...jurisdiction to interfere with the award of the Tribunal;(2) The Tribunal in the perspective of the broad contours of the case rightly refused to rely on the evidence which...

...time sweeper for cleaning the premises of the Bank under the provisions of Para 123 of Sastry Award and para 5.191 of Desai Award and Bipartite . Settlements...hours a week which works out to about 1 hour a da u y. Respondents also made available on record the e o xtract of Sastry Award and Desai Award (Annexure...the Bank under the provis C ions o para 123 of Sastry Award, para 5.191 of Desai A ward and Bipartite Settlements arrived at between...

...of Sastry Award, Desai award and Bipartite settlements held from time to time, the last being vide paragraph 6 (f) Annexure-II of the memorandum of the settlement dated 10.04.2002 held between Indian...petitioner to show-cause as to why a penalty of removal from service be not imposed upon him as per Sastry Award.4. The petitioner gave a reply and also appeared for a personal hearing...

...petitioner under the provisions of the Sastry Award and Desai Award. During the course of enquiry, the petitioner sought the assistance of one Sri R. Shyam Sunder, an employee working in the Bank. The...Enquiry Officer rejected the said assistance interpreting the provisions of clause 521 (10) (a) of Sastry Award read with Paragraph 18-28 of Desai Award which state that the employee shall be permitted...-employee of the petitioner on the ground that the provisions of Sastry Award and Desai Award do not permit the co-employee to represent the workman. 4. It is the case of the Bank, that the...