MANAGING DIRECTOR M P STATE ROAD TRANSPORT CORPORATION Vs. PRANTIYA RAJYA PARIVAHAN KARMACHARI SANGH CONGRESS

JUDGEMENT

(1.) This writ petition has been preferred against the award dated 8-1-2007 under section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act) by the M. P. Industrial Tribunal, Indore in Reference Case No. 2/2006.

(2.) Relevant facts, which are not in dispute, are that the first party is a registered union in the name of Prantiya Rajya Parivahan Karmachari Sangh (Congress) (respondent No. 1) whereas second respondent-Madhya Pradesh State Road Transport Corporation is established under section 3 of the Road Transport Corporation Act, 1950. There was a memo of settlement (Annexure P/4) dated 3-2-1988 in Form 'M' as per section 43 of the M. P. Industrial Relations Act, 1960 (hereinafter referred to as the MPIR Act) and Rule 44 of the M. P. Industrial Relations Rules, 1961. Settlement was arrived at after conciliation proceedings between the Managing Director, M. P. State Road Transport Corporation and the Madhya Pradesh Transport Workers Federation. Relevant terms of the settlement are as under :-

(3.) Pursuant to the said settlement, circular No. 21 dated" 13-4-1999 was issued by the Corporation for grant of three installments of dearness allowance. The said circular is on record as Annexure P/ll. Corporation did not give dearness allowance to its employees from 1-1-1998. The State Government has increased the dearness allowance of its employees as per circular dated 24-4-1998 (Annexure P/12). Dearness Allowance in respect of those employees has also been increased who continued to draw their salaries in the pay scales of the Fourth Pay Commission. These have been described as pre-revised pay scales. Thereafter, the State Government has revised the dearness allowance payable to its employees several times as per Annexure P/13, but the benefit of increased dearness allowance from time to time has not been granted to the employees of the second party.