JUDMGNET

PUNCHHI, J. :- Whether "night shift allowance" forms part of "wages" in the context of S. 32(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) is the issue which crops up for decision in this appeal by special leave against the order dated October 9, 1986 of the Industrial Tribunal, Karnataka at Bangalore in Serial No. I of 1980 in I.D. No. 26 of 1979.

2. It arises on these facts.

3. Bharat Electronics Limited, Bangalore, the appellant-herein, is the "management" and the respondent Shri B. Sridhar, "workman" was in employment with the management as a bus driver. The establishment of the management, at the relevant time, had about 13500 employees out of whom about 2800 were females. The management provided transport facilities for picking up and dropping down its employees from and at stipulated official stops. The drivers plying buses of the establishment on a rotational basis, working on night shifts, used to get a variable night shift allowance. On May 1, 1979 the workman was detailed to work in the first shift for picking up certain employees of the second shift and general shift, and for, dropping school children at various scheduled points.