PUNJAB STATE CO OPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL PUNJAB

JUDGEMENT

(1.) This petition is directed against award annexure P-l dated 23/05/1994, passed by the Industrial Tribunal, Punjab (for short "the Tribunal"), in Reference No. 39 of 1992.

(2.) For the purpose of deciding the issues raised in the petition, it will be useful to notice the relevant facts.

(3.) In exercise of the power vested in him under bye-law 26, the Registrar, Co-operative Societies, Punjab, in consultation with the board of directors of the Punjab State Co-operative Supply and Marketing Federation Ltd. (for short "the Federation"), framed the Punjab State Supply and Marketing Co-operative Service (Common Cadre) Rules, 1967 (for short "the 1967 Rules"), which were made applicable to the employees working in the services of the Federation and to such' employees of the co-operative marketing/processing societies and the District Wholesale Supply and Marketing Co-operative Societies to be declared suitable as per the screening conducted in pursuance of Rule 2.2 A (a and b) of the 1967 Rules. The posts to which the 1967 Rules were made applicable were specified in annexure 1 appended to the said Rules. In the appointment orders of the employees of the Federation, it was clearly mentioned that their service conditions would be governed by the 1967 Rules. On 8/07/1978, the board of directors of the Federation passed resolution and reiterated that the employees belonging to the categories' mentioned in annexure I are covered under the Common Cadre Rules by virtue of clear-cut provisions of Rules 1.3 and 1.4. As regards the remaining categories, it was resolved that the marketing director should review the position and put up the matter in the meeting. The relevant extract of resolution dated 8/07/1978, is reproduced below: "Categories mentioned in annexure I whether in head office or in factories are covered under Common Cadre Rules, 1967, in view of the clear-cut provisions of Rules 1.3 and 1.4 ibid. Board of directors is of the 1 view that in respect of these categories provisions of Common Cadre Rules should be made applicable with effect from 8/07/1978. In respect of remaining categories not covered under annexure I, managing director should review the position and put up before board of directors in next meeting. Application of Common Cadre Rules shall not entitle any category of employees technical or non-technical automatically to higher pay scale or common seniority vis-a-vis incumbents of similar posts in the head office or in the field." ;