BALKISHAN Vs. D.T.C.

JUDGEMENT

(1.) THE petitioners in the present writ petition assail the common order dated 03.04.2007 passed by the Presiding Officer, Labour Court-XX in L.C.A. No.103A/2006 (Old No.324/1993) and in L.C.A. No. 103B/2006 (Old No.732/1992). The present petition has been preferred by the workmen/applicants aggrieved by the decision in L.C.A. No.103A/2006.

(2.) AT the outset, I may give a background summary of the relevant facts & circumstances. It appears that in the year 1983, in Delhi Transport Corporation (hereinafter referred to as the DTC) an interim relief of wage revision was granted to the employees, which was generally termed ,,head- start. Within the DTC some query was apparently raised, i.e., whether the said interim relief/head-start would be added to the basic pay while fixing the pay in the revised pay scales, which were shortly expected to be rendered by the Fourth Pay Commission.

(3.) THE DTC issued yet another communication dated 07.02.1984 to the same effect. The DTC Workers Union & Others preferred a petition under Article 32 of the Constitution of India before the Honble Supreme Court to seek a writ of mandamus to the DTC to implement the recommendations of the Fourth Pay Commission, as approved by the Central Government in respect of the Central Government employees also in respect of the DTC w.e.f. 01.01.1986, vide W.P.(C.) No. 320/1987. The office order dated 07.02.1984 issued by the DTC was sought to be relied upon by the petitioners before the Supreme Court.