STATE BARE OF MYSORE EMPLOYEES ASSOCIATION NO. 641, 22ND MAIN ROAD, 4TH T-BLOCK, JAYANAGAR, BANGALORE-560041 REP. BY ITS GENERAL SECRETARY Vs. THE MANAGING DIRECTOR STATE BANK OF MYSORE, HEAD OFFICE, K.G. ROAD, BANGALORE-560009

JUDGEMENT

(1.) PETITIONER a Trade Union espoused the cause of non -payment of Rs.110/ - per month towards hill and fuel allowance in terms of Clause 15(b) of the settlement dated 10.4.1989 to one K.S.Siddannaiah, son of Shivalingappa who discharged duties as a Head Cashier from 10.9.1990 to 3.1.3.2001 at Kanathur Village Branch of the respondent State Bank of Mysore. The Government of India referred, for adjudication, fee industrial dispute, to the Central Government Industrial Tribunal -cum -Labour Court, Bangalore, for short 'Tribunal', whence it was registered as C.R.No.9/2001. Parties entered appearance filed their respective pleadings, following which, the Tribunal by award dated 30.12.2002 allowed the reference. That award when called in question in W.P.No.27858/2003, a learned Single Judge by order dated 2.2.2007, Annexure -B, allowed the writ petition, quashed the award and remitted the proceeding with a direction to the Tribunal to reconsider on the basis of documents filed by the Management and the respondent Union and find out whether the only access to Kanathur was through hilly areas of height which exceeded 1000 meters above MSL.

(2.) ON remand, parties did not adduce evidence either oral or documentary, but placed reliance upon the documents, earlier, marked in evidence. The Tribunal by award dated 21.1.2011, Annexure -A, the reference, on the premise documents did neither suggest nor indicate anything as to the route through which Kanathur is exclusively accessible, although, staff working in Alur, Belur and Sakaleshpur Branches of State Bank of Mysore were extended the benefit of hill and fuel allowance. Hence, this petition.

(3.) CLAUSE 15(b) of the Bipartite Settlement, Annexure -C, relating to hill and fuel allowance reads thus: 15(b) At places which have a height of not less them 750 meters and which are surrounded and accessible only through hills with a height of 1000 meters and above, the Hill and Fuel Allowance shall be paid as is payable at places situated at a height of 1000 meters and above but less than 1500 meters.