DEVIKA ESTATE MANAGEMENT PVT. LTD. Vs. DEVIKA ESTATE

JUDGEMENT

(1.) THE petitioner in the instant writ petition has challenged the award dated 21st December, 2004 passed by the Industrial Tribunal -II in ID No. 11/2003 in case titled Devika Estate Management Pvt. Ltd. v. Its Workman represented by All India General Mazdoor Trade Union. By virtue of the aforesaid award the four points of references which were made by the appropriate government to the learned Industrial Tribunal have been answered in negative.

(2.) THE learned Industrial Tribunal has grossly erred by not granting the benefit of HRA, annual increment, conveyance allowance and the uniform allowance despite the fact the respondent admitted that similar benefits are given to the other employees. It was also contended that in a similar matter bearing ID No. 3/2001 in case titled New Tech Electro System v. Its workmen represented by All India General Mazdoor Trade Union, the workmen of the said case were granted the benefit of HRA of Rs. 1000/ - travelling allowance of Rs. 600/ -, washing allowance of Rs. 150/ - and tea allowance of Rs. 150/ - per month by the same Industrial Tribunal, and therefore, this resulted indiscrimination.

(3.) I have considered the submissions made by the respective sides and perused the record. The following four points of references were made to the learned Labour Court are as under: