LAWS(BOM)-2023-12-188

GENERAL MANAGER, BEST UNDERTAKING Vs. U. B. MOKASHI

Decided On December 22, 2023
General Manager, Best Undertaking Appellant
V/S
U. B. Mokashi Respondents

JUDGEMENT

(1.) Petitioner-BEST Undertaking has filed the present petition challenging the order dtd. 20/3/2021, passed by the Industrial Court, Mumbai in Complaint (ULP) No. 495 of 2015. By that Order, the Industrial Court has directed the Petitioner-Undertaking to give benefits of additional increments as per BCR No.19 dtd. 23/4/1987 to the Respondents. The issue involved in the petition is whether the Drivers and Conductors holding the qualification of Graduation are entitled to benefit of additional increments on their promotion to the post of Clerk under the Order dtd. 1/7/1987. The Industrial Court has upheld entitlement of drivers and conductors to such additional increments. The BEST Undertaking is aggrieved by the decision of the Industrial Court and has filed the present petition.

(2.) Briefly stated, facts of the case are that Brihanmumbai Electric Supply & Transport Undertaking (BEST Undertaking) is constituted under the provisions of the Mumbai Municipal Corporation Act, 1888 and it is a statutory undertaking of the Municipal Corporation of Greater Mumbai. It provides utility services of mass public transportation and distribution and supply of electricity in and around the city of Mumbai. Respondents were working as Conductors, Drivers, Mechanics, etc. in the Transport Division of the Petitioner-Undertaking. They held the qualification of Graduation. After participating in the selection process, they have been promoted to the post of 'Clerk' on various dates.

(3.) It is Petitioner's case that by an Agreement dtd. 21/5/1965 entered into between the Petitioner and BEST Workers' Union, it was inter-alia agreed under Clause-4 that steps would be taken to fill at least 50% of the clerical posts in the undertaking from amongst the employees in the lower categories, who had the requisite qualifications. Vide Clause-17 it was also agreed that on promotion, the existing wage/salary of the employees would stepped up to the next higher step in the grade to which he is promoted, and, on such fixation, one additional increment of the higher grade would be granted. It is submitted that all the Respondents, being employees from the lower grade were in fact granted increments upon being promoted to Grade A/GV in the manner as set out hereinabove.