I T C LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is tiled at the instance of the management of I.T.C. Limited. It seeks to challenge an award dated 16.8.1994 given by the Labour Court, Patna on a reference made to it under Section 10(1)(C) of the Industrial Disputes Act, 1947. The dispute under reference was:

(2.) On 17.8.1981, the management entered into a conciliation agreement with Indian Tobacco Company's Employees Union representing the workmen at Patna. This agreement was on a number of issues but the present dispute relates only to the scheme of pension. It is not in dispute that the provision for payment of pension was first introduced by the management in terms of a conciliation agreement dated 27.6.1977. Under the 1977 agreement pension was payable for a period of ten years to such workmen who retired on or after 1.6.1977. In the 1981 agreement the period during which pension was payable after cessation of service was retained to ten years but the amount of pension was slightly increased. The main features of the 1981 agreement on the subject of pension were as follows:

(3.) Shortly before the agreement was finalised on 17.8.1981, Respondent No. 3, the concerned workman, who had by then completed 31 years of continuous service, sought voluntary retirement. His request was accepted and he was retired from service with effect from 15.7.1982. At the time of his retirement, he was paid all his dues and the retrial benefits and was also given a pension in terms of the 1981 agreement. The amount of monthly pension was determined at Rs. 167/- which was payable to him for a period of ten years commencing from 16.7.82.