AIR INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE seven writ petitions have been filed by National Aviation Company of India Limited, now known as Air India Limited, challenging different orders passed by the Presiding Officer, Central Government, Industrial Tribunal-cum-Labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947 (Act, for short). By the aforesaid orders, the petitioner has been directed to pay the respondent employees arrears towards wages as per the agreement dated 5th May, 1996 entered into between the petitioner and the Air India Employees Guild. It is accepted by the counsel for the parties that the reasoning given by the Industrial Adjudicator in all orders is identical and, therefore, these writ petitions can be disposed by a common order. For the sake of convenience and with the consent of the learned counsel for the parties, Writ Petition (Civil) No. 11391/2009 titled National Aviation Company of India Limited, now known as Air India Limited, Versus Union of India and Raj Kumar is treated as the lead case.

(2.) THE private respondents had filed applications under Section 33-C(2) of the Act before the Industrial Adjudicator stating, inter alia, that they had worked as drivers and were paid basic salary of Rs.1185.00 per month and other allowances. They claimed and had submitted that they were entitled to basic pay of Rs.3140.00 per month as stipulated in the agreement dated 5th May, 1996 between the petitioner and the Air India Employees Guild. Accordingly, the petitioner should be directed to pay the balance amount. They rely upon clause 2 of the engagement letters which has been translated and reads as under:

(3.) THE tribunal examined the said contention relating to its jurisdiction but rejected the same holding, inter alia, that the agreement dated 5th May, 1996 nowhere makes a distinction between permanent and casual employees and it speaks of non-technical and technical category of workmen. The relevant portion of the order passed by the Industrial Adjudicator on this aspect reads as under: