TAMILNADU ARASU POKKUVARATHU THOZHILALAR SANGAM CITU REP. BY ITS GENERAL SECRETARY, 51 EAST AROKIYAMATHA STREET, DINDIGUL Vs. THE MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD., REP. BY ITS MANAGING DIRECTOR, MADURAI

JUDGEMENT

(1.) The prayer in the writ petition is for a writ of Mandamus to direct the respondents to pay correct and appropriate daily rate of wages to the daily rated drivers and conductors as per the settlement from July 2008 onwards and to continue to pay correct and appropriate daily rated wages to the daily rated drivers and conductors by revising the daily rate of wages once in three months based on the increase in the quarterly average of dearness allowance.

(2.) The petitioner Association, representing the daily rated Conductors and Drivers working in the respondent Transport Corporation, has come out with the present writ petition for fixing and paying of proper daily wages to the Drivers and Conductors as daily rated wages category pursuant to the settlement under Sec. 12(3) of the Industrial Disputes Act (hereinafter referred to as 'the Act') by revising their pay from time to time, especially, in every three months and accordingly, pay the same to the said Drivers and Conductors.

(3.) A Settlement under Sec. 12(3) of the Act had reached between the respondent Transport Corporation and other similarly placed Transport Corporations and the workers on 30.09.1992, wherein, the respondent Corporation is also one of the party. According to the said settlement, under Clause 12, the mode of determination of daily rates have been given, which reads thus :