MANAGING DIRECTOR A P STATE ROAD TRANSPORT CORPORATION Vs. PRESIDING OFFICER INDUSTRIALTRIBUNAL RAMKOTE HYDERABAD

JUDGEMENT

(1.) The tran-sport wing of Tirupathi Tirumala Deva-sthanam (for short "T.T.D.") was transferred to the Andhra Pradesh State Road Transport Corporation (for short 'the Corporation') under an agreement dated 8-8-1975. It was provided in the agreement that 850 workmen to be transferred to the Corporation. The transfer of the workmen to the Corporation was challenged in a writ petition No. 1361 of 1976 but it was dismissed on 13-7-1977 and a writ appeal filed againat the said judgment was also confirmed. While some of the transferred T.T.D. transport workers who opted to come under the Corporation Rules and Regulations were not before the Court, the other workers wanted to maintain their separate identity in spite of their transfer to the Corporation and so they did not opt to come under the Corporation Rules and Regulations. Subsequent to the transfer certain settlements had been entered into with the Corporation by the Union of the workmen from time to time. The members of the Union made a demand that under Clause 13 of the transfer ageeement dated 8-8-1975 they were entitled to the benefits which accrued to the present T. T. D. workers after 8-8-1975 but the Corporation did not agree for such demand, an industrial dispute was raised which was referred to the Industrial Tribunal (hereinafter referred to as 'the Tribunal') under Section 10(1)(d) of the Industrial Disputes Act (for short "the Act"). The question referred to the Tribunal reads as follows :

(2.) In this Court the contentions urged before the Tribunal and the High Court are reiterated that the question referred to the Tribunal being of a limited character as to whether the benefits accruing to the present T. T. D. workers could be extended to the employees of the transport wing or not and having answered that the said employees have all opted for being governed by the Corporation rules and regulations and other service conditions, it is not open to them to claim those benefits.

(3.) So far as the first question raised before us regarding selection grade is concerned, it is noticed by the Tribunal that selection grade has been given with effect from 1-1-1974 restricting the monetary benefits to be given only from 1-1-1978; that the orders were actually issued in the year 1976, and that the Corporation had agreed to safeguard the conditions of service of the workers. The Tribunal further noticed that the claim in that regard was pending consideration before the take over and, therefore, restricting the monetary benefits to be given only from 1-1-1978 was not justified and the monetary benefits will have to be given with effect from 1-1-1975. This claim appears to us has been rightly allowed by the Tribunal and thus calls for no interference.