R. N. DAMODARUN Vs. SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HEAVY INDUSTRIES & PUBLIC ENTERPRISES DEPARTMENT OF PUBLIC ENTERPRISES, NEW DELHI

JUDGEMENT

(1.) The petitioners are the employees of the second and third respondents- Corporations. There are two categories in the employees of the Corporations, namely, workmen and non-workmen. While the wages revision for the workmen is usually settled through the memorandum of settlement entered by the Employees Union and the second and third respondents-Managements under Sec. 18(1) of the Industrial Disputes Act. The pay for non-workmen will be revised in accordance with the pay revision provisions.

(2.) On 12/12/2012, a settlement came into effect by giving notional effect for the period between 1/1/2007 to 31/12/2008 and thereafter, by giving actual benefits. Persons who are workmen as on 1/1/2007 and who have been promoted as officers before or after the settlement dtd. 12/12/2012 are entitled to benefits of settlement till the time they were working in the capacity of workmen.

(3.) There is a change in working hours for workmen with effect from 16/1/2013 and the said clause also forms part of the settlement. As per the said change in working hours, the work hours have been increased and in view of that, an additional amount of 6% of basic pay is added to workmen from the date of implementation. Clause 9.2 of the settlement would state that the fitment benefits as on 21/12/2006 and as seen under clause 6.0 will be implemented with an additional amount of 6% of the additional basic pay.