HARYANA DAIRY DEVELOPMENT COOPERATIVE FEDERATION LIMITED Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

JUDGEMENT

(1.) Challenging Award (Annexure P-6) of 22.12.1991 of the Industrial Tribunal-cum-Labour Court, Gurgaon (hereinafter referred to as, the Labour Court), claim of the petitioner-federation is that notwithstanding any control of the Government on the petitioner, it having been brought into existence as a statutory authority maintaining autonomous character, it cannot be forced to grant benefits to its employees on the pattern of Government employees. Among other things, the matter referred to the Tribunal by the Government vide reference order dated 6.5.1983 (Annexure P-3) was as under:

(2.) Adjudicating the industrial dispute referred to it, the Labour Court had come to a conclusion that employees of the petitioner-federation were entitled to the revised pay scale w.e.f. 1.4.1979 instead of 1.1.1981. This adjudication is under challenge. Claiming that revision of pay scales by the Government is not ipso-facto applicable to the employees of the petitioner-federation as it is independent, autonomous and entirely different entity from the Government and competent enough to take separate and independent decision through its Board of Directors, claim of all the workmen is resisted.

(3.) Counsel for respondent No.2, however, has urged that once having released the new scales, the petitioner-federation/employer could not have denied its release from that date itself when the Government had released such new pay scales to its employees and could not have fixed an arbitrary date for release of such scales.