DELHI TRANSPORT CORPORATION Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Delhi Transport Corporation (hereinafter referred to as the 'petitioner'), which has filed this petition, is a body corporate set up under the Delhi Road Transport Laws (Amendment) Act, 1971 read with Government of India, Ministry of Shipping and Transport (Transport Wing) Notification dated November 3,1971. This notification was issued in exercise of powers conferred by Section 3 of the Road Transport Corporation Act, 1950 and was duly published in the Gazette of India. The conditions of appointment of the employees of the petitioner, which is a public utility service, are governed by the DRTA (Conditions of Appointment & Service) Regulations, 1952. It has prescribed different grades/pay-scales for different category of posts with varying qualifications and experience.

(2.) As is well known, Central Government constitutes Pay Commissions from time to time for revision/rationalisation of the pay- scales of the Central Government employees. Fourth Pay Commission, which was constituted for such purpose, submitted its report and the Government accepted the recommendations of the Commission with effect from 1st January 1986. Many employees of other Government bodies/ statutory bodies wanted implementation of these recommendations in respect of their establishments also. This was the demand of the employees of the petitioner-DTC as well. As their demand was not conceded by the petitioner, the workers of the DTC, through as many as six unions, raised the industrial dispute. It was referred to the Industrial Tribunal No.3 vide reference order dated 17th March 1988 for adjudication with the following terms of reference:-

(3.) On receipt of reference, notices were issued by the Industrial Tribunal to the parties concerned. Petitioner filed written statement thereto in June 1988. However, before filing this written statement, petitioner also filed Civil Writ No. 1001/88 and challenged the aforesaid reference as illegal and not maintainable.