MUKAND LTD Vs. MUKAND STAFF AND OFFICERS ASSOCIATION

JUDGEMENT

(1.) THESE proceedings arise in an appeal against the Judgment dated December 1, 1999, of a learned single Judge of this Court in a petition under Article 226 of the Constitution. The Petition was filed by the Appellant in appeal No. 194 of 2000, Mukand Limited, against an Award of the Industrial Tribunal delivered on March 26, 1998 in Reference (IT)No. 3 of 1993. The Reference before the industrial Tribunal arose out of the demands of the Union, the First Respondent before the court in Appeal No. 441 of 2000. The reference was made by the appropriate government under Section 10 (l) (d) of the industrial Disputes Act, 1947. The learned single Judge having affirmed the award of the industrial Tribunal in substantial part, Appeal no. 194 of 2000 has been filed by the employer. The companion Appeal, Appeal No. 441 of 2000 has been filed by the Union for the purpose of impugning a portion of the judgment of the learned single Judge by which the Award of the issue of Dearness Allowance was modified. The learned single Judge having reduced the extent of the benefit granted under the Award in respect of Dearness Allowance, the Union has also come in appeal.

(2.) IN the Reference which was made by the State Government before the Industrial tribunal, the following demands of the Union were referred for adjudication:

(3.) THE Industrial Tribunal by its Award dated March 26, 1998, rejected (i) the demand for merging Grades 12 and 11 with Grade 09, (ii) the demand for placing employees in Grade 09 in 5 years experience in Grade 08, (iii) the demand for Shift Allowance and Computer allowance. The Tribunal granted the demand for the revision of basic scales as prayed for. However, in so far as the claim for service increments was concerned, while allowing the claim, the Tribunal has granted service increments in the following graded scale: <FRM>JUDGEMENT_1421_LLJ2_2001Html4.htm</FRM> In so far as the claim for Dearness Allowance was concerned, the Tribunal also allowed the claim of the Union. The Tribunal thus granted a Variable Dearness Allowance and a Slab based Dearness Allowance which was linked to the Consumer Price Index and to the Basic salary. The House Rent Allowance was revised to 12. 5% of the revised basic pay and Dearness allowance. The Leave Travel Allowance was granted as prayed for. The claim for gratuity was allowed to the extent of gratuity being calculated at the rate of 21 days for every completed year of service. The Tribunal allowed the claims for Education Allowance to the extent of Rs. 250. 00 per month, a fixed medical Allowance of Rs. 300. 00 per month and washing Allowance of Rs. 50. 00 per month. The demands were granted by the Tribunal with effect from the date of the Reference, which was made on February 17, 1993.