THE WORKS MANAGER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, HUBLI AND ANOTHER Vs. KARNATAKA STATE ROAD TRANSPORT EMPLOYEES UNION, HUBLI

JUDGEMENT

(1.) This civil revision petition arise out of injunction granted against the Karnataka State Road Transport Corporation, the petitioner herein restraining them from changing the normal working hours prescribed for employees granted by the Trial Court and confirmed by the first Appellate Court. The Karnataka State Road Transport Corporation is aggrieved by such an order preferred the above civil revision petition.

(2.) The suit was one for declaration that the circular issued by the petitioner-Corporation dated 28-10-1997 was contrary to the settlement dated 16-2-1978 and for consequential injunction restraining the defendant/petitioner herein from acting upon the impugned circular.

(3.) It is claimed by the respondents that there is no settlement, forcing the petitioner to change the timings. Clause 19(1) of the settlement dated 17-7-1989 only prescribe the monitory benefits to the employees who works beyond eight hours. But it did not authorise the management to change the working hours for any of the categories of the employees unilaterally. Such contention was resisted by the management, putting forth the plea that the impugned order/circular is according to law. The implementation of the circular was given effect to from 3-11-1997 and all the employees were attending office in compliance of the same. The respondents herein are workmen of the petitioner/organisation/Corporation, which is an Industry under the Industrial Disputes Act. The dispute raised by the respondents herein is an industrial dispute. Said dispute is covered by the said Act. Consequently, the suit is not maintainable. In fact, the petitioner-Corporation has been established under the Road Transport Corporations Act, 1950 and the Corporation is a State within the meaning of Art. 12 of the Constitution of India.