MANAGEMENT OF STEEL AUTHORITY OF INDIA LTD , ROURKELA Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, BHUBANESWAR AND OTHERS

JUDGEMENT

(1.) The petitioner-Management in this writ petition seeks to assail the award dated 22.12.1994 (Annexure-1) passed by learned Presiding Officer, Industrial Tribunal, Bhubaneswar (for short - the Tribunal) in I.D. Case No. 27 of 1985.

(2.) The term of reference for adjudication before learned Tribunal was as follows:

(3.) Learned Tribunal upon consideration of the materials on record answered the reference in favour of second party-Workmen holding that the issue of circulars and realization of the energy charges at a higher rate and not providing subsidy is a change in condition of service and when the Management has not complied with the provisions under Section 9-A of the Industrial Disputes Act, 1947 (for short "the I.D. Act") before enhancing the electricity charges, the aforesaid action of the Management is neither legal nor justified. Learned Tribunal further held that the circulars vide Ext. 1/T and subsequent circulars in the same line are neither valid nor enforceable and the energy charges are to be realized at the rate which was being realized from the workers/occupiers of the quarters prior to issue of the impugned circulars. It may be stated here that the date mentioned in the schedule of reference should be "01.04.1981" in place of "01.04.1982" , as the impugned circular was issued on 31.03.1981 and the enhanced rate of electricity charges, was made applicable with effect from 01.04.1981.