SOUTHERN RAILWAY LABOUR UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) Petioner a Trade Union, had espoused the cause of one R.V.Kutty who was employed as MV Driver in the General Branch of Southern Railway, Palakkad. Mr. Kutty had rendered military service for about 12 years and had been discharged on 31-12-1975. He was re-employed in the Railways on 18-8-1978 as a Traffic Porter (Khalasi) in the pay scale of Rs.196-232. It is also not disputed that alone he was drawing a pay scale of Rs.205/- at the time of discharge from the Indian Army, his pay was fixed taking notice of the last pay drawn, and this involved grant of two additional increments. The Railway Administration had recognised that he was drawing a pay of the post in which he was appointed.

(2.) However, the Union had taken a contentions that it was not the admissible relief, but the number of increments he had drawn while rendering military service had to be taken notice of and the pay had to be appropriately refixed. Since the parties could not come to a settlement, at the time of conciliation, Fxt.P1 report had gone to the Government. By order dated 27-12-2001, the Government had declined to refer the issue, for adjudication. The reason pointed out was as follows:-

(3.) Sri.Paulson.C.Varghese submits that this is a case where the Government had overstepped the jurisdiction since the legality or illegality of the action of the management in the matter of fixation of pay scale should not have been considered. Government had jurisdiction only to examine as to whether or not an industrial dispute was there. It is submitted that there was a dispute in existence, and it was as to whether or not. Sri.Kutty was entitled to the grant of 12 additional increments instead a decision is evidently taken, which was not to be countenanced.