EMPLOYERS IN RELATION TO THE MANAGEMENT OF GODHAR COLLIERY Vs. THEIR WORKMAN BEING REPRESENTED BY THE JOINT GENERAL SECRETARY

JUDGEMENT

(1.) THIS is the management's writ petition challenging the award rendered by the Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 249 of 2001 whereby learned Tribunal has held that the action of the management of M/s BCCL in transferring Sri Muslim Ansari from the job of Underground Munshi to surface duty and thereby denying Underground Allowance is not fair and justified and the concerned workman is entitled to get Underground allowance from 18.3.1998 to 1.7.1999.

(2.) THE claim of the concerned workmen was that he was initially appointed as Underground Munshi and was given Underground allowance. He was all along working as Underground Munshi. But suddenly he was posted to work on surface duty. Even at the time of his posting on surface duty his designation was not changed. He remained Underground Munshi. However, the management reduced his pay by withdrawing underground allowance. It was claimed that the management cannot withdraw allowance and reduce his wages without giving mandatory notice under Section 9A of the Industrial Disputes Act, 1947.

(3.) FROM the materials on record, learned Tribunal found that the initially the concerned workmen was appointed as underground Munshi and was all along working as such. Later on, he was transferred to Godhur Colliery as underground Munshi but he was given surface duty. For the period he was on surface duty, he was not given underground allowance. Non -payment of underground allowance adversely affected the amount of gratuity of concerned workman after his superannuation. It was further found that Clause 23.1 of the Certified Standing Order of the company regarding transfer provides that the pay grade and other conditions of service including continuity of service of the employees will not be adversely affected. The job should be of similar nature. In case of emergency minimum notice of two weeks be given before making any change in the same. As per Clause 4.2.0 of the Certified Standing Order the Underground allowance was payable from 1.7.1993 at the rate of Rs. 600/ - per month or 23.076 per day on pro -rata basis. This Underground allowance is a part of wage as per the 4.4.0 of the Certified Standing Order of the management No notice of change of the said condition was served on tine concerned workman as required under Section 9A of the Industrial Disputes Act, 1947. In this respect, 4 Schedule to the said Act requires mandatory notice regarding change in wages. Management could not prove that any notice was served under Section 9A of the said Act. The management may have authority to transfer the workman on closure of Underground work but it cannot reduce wage without giving any notice to the workman under Section 9A of the Industrial Disputes Act.