UNION OF INDIA Vs. OM PRAKASH

JUDGEMENT

(1.) THE petitioner in the instant writ petition has challenged the award dated 9th November, 2005 passed by the Central Government industrial Tribunal Cum Labour Court-II LCA No. 63/2000 in the case titled Shri Om Prakash Vs. General Manager, Northern Railway on 9th November, 2005.

(2.) BY virtue of the aforesaid award, the application of the respondent/workman under Section 33-C (2) of the Industrial disputes Act, 1947 was allowed and the respondent/workman was entitled to restoration of his pension as was claimed by him along with the arrears of reduction which was done by the petitioner.

(3.) IT may be pertinent here to mention that the respondent/workman had superannuated as Driver-A Grade on 26th march, 1984 from Jind Junction, Northern Railway in the pay scale of rs. 550-700/- with a basic pay of Rs. 550/ -. The total monthly emoluments of the respondent/workman inclusive of running and other allowances were Rs. 2500/ -. On the basis of the said emoluments the pension of the respondent/workman was fixed and revised from time to time. On 1st December, 1999 the respondent/workman was drawing a pension of Rs. 5008/- under PPO no. 0184020334, however, the same was reduced by the petitioner vide PPO No. 02841188 in the month of June 2000 to a sum of rs. 3484/ -. It was this reduction of pension from Rs. 5850 to rs. 5008/- which led to invocation of jurisdiction of the Industrial tribunal for Labour Court No. II by the respondent/workman on the basis of which the aforesaid impugned award was passed.