LexRESERVE BANK OF INDIA, BOMBAY versus C.T. DIGHE AND OTHERS
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J. .. 107 RESERVE BANK OF INDIA, BOMBAY v. C.T. DIGHE AND OTHERS July 27, 1981 (A.C. GUPTA, R.S. PATHAK AND 0. CHINNAPPA REDDY, JJ.] Labour dispute-Changes mude by the employer in the existing scheme of promotion during the pendenc.'v of a reference before the Tribunal-Whether suclJ a change contravened the provisions of section 33 (I) (a) of the Industrial Disputes Act, 1947 giving rise to complaint will depend on the nexus of the changes made and the nature of the reference pending before the Tribunal. On May 13, 1972 the Reserve Bank of India, Bombay issued Administration Circular No. 8 introducing a revised scheme for promotion of employees as staff officers Grade A. Feeling that the aforesaid Circular adversely affected them, the stenographers filed a writ petition in the Andhra Pradesh High Court chaHenging its validity, Their grievance was that by the said circular No. 8 they were placed en-bloc below the clerks which made their chances of promotion illu- sory. On March 5, 1973 the Andhra Pradesh High Court dismissed the writ peti- tion, but made certain recommendations to avoid frustration and dissatisfaction among the stenographers. In 1973 charters of demands were submitted to the Reserve Bank of India by the employees' associations. On January 23, 1976 the Bank issued Administration Circular No. 5 n1odifying Circular No. 8 to remedy the alleged adverse effect suffered by stenographers as a result of Circular No. 8 . A B c D E On June 16, 1979, the Central Government in exercise of powers conferred by section 7B of the Industrial Disputes Act, 1947 constituted a National Indus- trial Tribunal with head-quarters at Bombay and referred to it for adjudication F an industrial dispute existing between the Reserve Bank of India and their Class- IJI workmen. The dispute as described in the Schedule to the order of refe_rence related to "specific matters ........... pertaining to Class-111 workmen" enumerated in the Schedule. The Schedule -listed 35 matters in all, item No. 12 of which is described as ''promotion". During the pendency of the reference, on October 10, 1979 the Reserve Bank of India issued Administration Circular No. 6 introdu- cing certain change in the scheme of promotion set out in circular No. 8 by rela- G xing certain conditions of eligibility for the personal as~istants, stenographers, tellers and the clerical staff. Feeling aggrieved, some. clerks (Grade I) who were empanelled for promotion to the post of Staff Officer G!'ade A after passi.ng the test, filed two complaints before the National Tribunal under section 33A of the Industrial Dispute Act alleging (i) that as a result of Circular No. 6 many who could n6t have been considered for promotion in preference to the complainants, H had Circular No. 8 been in force, would now be entitled to a higher preference, 108 SUPREME COURT REPORTS [1982] ] S.C.R. A and (ii) that the alterations made during the pendency of the reference before the National Tribunal amounted to changing their conditions of service to their prejudice in violation of section 33 (I) (a) of the Industrial Disputes Act inasmuch as the-ir chances of promotion would recede. The National Tribunal by its award dated September 3, 1980 disposed of these two complaints holding that the Reserve Bank of India had changed to the p~ejudice of the complainants their conditions of service by modifying the existing scheme of promotion during B the pendency of a reference before the Tribunal and thereby contravened the provisions of section 33 (1) (a). Hence the appeals by special leave. D E F G H AlJowing the appeals and dismissing the complaints, the Court HELD : 1 : 1. The order of reference did not require the Tribunal to adjudicate on all possible matters relating to promotion. The Tribunal should have defined the area of the dispute referred to it for adjudication before proceeding to consider whether the promotional scheme set out in Circular No. 6 could be said to be connected with that dispute. (117 G-H] 1 : 2. Item No. 12 of the Schedule annexed to the order of reference is described as ''promotion". Demand No. 19 in the Charter of Demands presented by the All India Reserve Bank Employees Association mentions "promotional avenuei;", but the matters specified under the head "promotional avenues" relate to the creation of more promotional posts and the upgrading of certain posts. Demand No. 19 does not thus
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