THE H.P. STATE FOREST DEVELOPMENT CORP. & ANR. Vs. ROSIN & TURPENTINE FACTORY EMPLOYEES UNION & ANR.

JUDGEMENT

(1.) Petitioner being aggrieved with the award dated 27.07.2010 passed by Industrial Tribunal-cum-Labour Court, Shimla, camp at Nahan in Reference No. 213 of 2002, has approached this Court by way of instant petition filed under Art. 226 of Constitution of India, praying therein for following main relief:-

(2.) Briefly stated facts as emerged from the record are that Rosin and Turpentine Factory Employees Union through its General Secretary, District Sirmaur (here-in-after to be referred as 'Respondent-Union') have been demanding remote locality/special compensatory allowance at par with the Central Government employees serving in/at different places in the State of Himachal Pradesh like the employees of the Telephone Department, MES and Nahan Foundry etc. Since H.P. Forest Corporation did not concede to the demand of the Respondent-Union, dispute arose between Respondent- Union as well as petitioner and ultimately reference was made to the Industrial Tribunal-cum-Labour Court, Shimla. Reference for adjudication sent by the appropriate Government to the Industrial Tribunal-cum-Labour Court is as under:-

(3.) Pursuant to aforesaid reference having been made to the Industrial Tribunal-cum-Labour Court, Shimla, Respondent-Union filed statement of claim stating therein that in Rosin and Turpentine Factory at Nahan (here-in-after to be referred as 'Factory) there are two types of establishments (1) Ministerial establishment governed by the pay and allowances of the Himachal Pradesh Government ; (2) Industrial establishment comprising of the industrial workers in the manufacturing process and governed by the central pattern of pay scales and other allowances. Respondent-Union also stated in their claim petition that as far as members of the respondent-Union are concerned they fall in the second category i.e. industrial establishment. Respondent-Union also averred in their claim that the Government of India granted locality/special compensatory allowance to the Central Government Employees posted at Shimla and its suburbs @ Rs. 75.00 per month (minimum) and Rs. 300.00 (maximum) as per pay range of the employees w.e.f. 1.10.1985 and the said allowance was increased to Rs. 150.00 per month (minimum) and Rs. 650.00 maximum w.e.f. 1.1.1986 on the revision of the pay scales of the Central Government employees. It also emerges from the claim petition that Central Government employees posted at Kasuali had challenged the notification of the Central Government before Central Administrative Tribunal (hereinafter referred to as "CAT') on the ground that same was violative of Art. 14 of the Constitution of India because the grant of such benefit only to the employees posted at Shimla is discriminatory and in violation of 14 of the Constitution of India. CAT allowed the aforesaid petition filed by Central Government Employees of Kasauli, as a result of which, Central Government Employees posted at various places in H.P. also claimed the said benefits and they were granted the benefits w.e.f. 1.10.1985. Respondent-Union also stated that employees posted at Nahan also claimed the said benefit and they were also allowed the same. Similarly, other employees posted in telephone department as well as civilians posted at the Army Headquarters were also granted these benefits.