K S R T C Vs. VAMADEVAN NAIR

JUDGEMENT

(1.) The Managing Director of the Kerala State Road Transport Corporation has filed this original petition challenging Ext. P3 order issued by the Authority under the Payment of Subsistence Allowance Act, 1972 (Act 27 of 1973).

(2.) As per the said Act, allowing an application submitted by respondents 1 to 9, the Authority namely the 10th respondent quantified the subsistence allowance due to respondents 1 to 9 and directed payment.

(3.) Challenging Ext. P3 the Petitioner contends that the law applicable to the employees under it governing payment of subsistence allowance is the provisions in the K.S.R. It is further contended in ground D that by reason of Agreement dated 2-2-90 "the provisions of K.S.R. is applicable" to the employees in the matter regarding their . service. On that count it is stated that the provisions in the Act are not applicable to the employees. Exhibit P6 is also brought to my notice whereby an order has been issued on 13-4-1992 stating that the then existing practice of applying the Act had been discontinued with immediate effect arid K.S.R. is being followed. It is further submitted that the K.S.R. thus being part and parcel of the settlement entered into between the management of the K.S.R.T.C. and its workmen in a statutory form under the Industrial Disputes Act, the provisions in the Kerala Payment of Subsistence Allowance Act cannot be pressed into, to claim subsistence allowance.