IPCL Vs. IPCL EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the judgement and award dated 16.02.1999 published on 29.05.1999 in Reference (I.T.) No. 621 of 1982 passed by the Industrial Tribunal, Vadodara directing the petitioner-Corporation to give similar increment and consequential benefits to eight employees listed at Annexure A to the statement of claim as were given to four employees listed at Annexure B as being illegal, unjust, improper, against the weight of evidence and against the terms of the settlement and service rules.

(2.) The petitioner-Corporation entered into a long term settlement dated 02.12.1980 in the course of conciliation proceedings effective from 01.10.1979 for a period of four years. One of the terms of the said settlement inter alia stipulated that the existing pay scales as on 30.09.1979 were to be revised with effect from 01.10.1979 i.e the effective date of settlement. The present controversy is connected with the pre-revised scale of Rs. 615-960 which was revised to Rs.640-1145 under the aforesaid settlement. The main grievance of the respondent union is that group of eight employees listed at Annexure A of the statement of claim hereinabove were paid one increment less as compared to group of four employees at Annexure B of Statement of claim. Since the said controversy could not be settled before the Conciliation Officer, the same was referred to the Industrial Tribunal, Vadodara vide Reference (I.T.) No. 621 of 1982 for adjudication. The Labour Court has passed the Judgement and order as stated hereinabove.

(3.) Heard the learned Advocate for the petitioner. As a result of hearing and perusal of the record it is found that present controversy arose in view of misreading/misunderstanding of Rule 5(d) of Pay Fixation Rules by the respondent Union which provides for refixation of pay on promotion to a higher post which reads as under: