CENTRAL RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY LIMITED & ORS. Vs. CENTRAL RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY EMPLOYEES UNION & ANR.

JUDGEMENT

(1.) Both the above petitions challenge the same order i.e. the order dated 20th June, 1996 passed by the Industrial Court in Complaint (ULP) No. 1175 of 1987. The first petition is filed by the Employer, Central Railway Employees Cooperative Credit Society Limited and the second petition is filed by the Union, Central Railway Employees Cooperative Credit Society Employees Union. The impugned order partly allows the complaint filed by the Union alleging unfair labour practise under Sec. 28(1) read with Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("MRTU and PULP Act" for short) and gives several directions to the Employer.

(2.) The Employer is a Cooperative Credit Society of the employees of the Central Railway and is registered under the provisions of Multi-State Cooperative Societies Act, 1984. The Union is registered under the Trade Unions Act and represents some of the employees of the employer.

(3.) Until 1st April, 1970, the employees were getting pay-scales and other service conditions as applicable to the Central Railway employees. Thereafter the same became different on account of settlements dated 15th Jan., 1971 for Class III and Class IV employees and dated 16th Aug., 1971 for the other employees. The settlement was for a period of three years w.e.f. 1st April, 1970. By the next settlement dated 4th Nov., 1977, however, the parties reverted to the pay-scales and service conditions, as applicable to the Central Railway employees. It was agreed thereunder that scales of pay and allowances recommended by the 3rd Pay Commission appointed by the Central Government and as accepted by the Railway Administration would be made applicable to the employees of the employer. For the purpose of giving effect to that settlement, pay of the employees as on 1st April, 1970 in the relevant scale was ascertained and by notional yearly increments to that pay, the pay of the employees as on 1st April, 1973 was determined. On the basis of such pay determined, the effect of the revision in the pay-scale as per the settlement dated 4th Nov., 1977 was given to the employees.