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2019 Supreme(SC) 156

R.BANUMATHI, INDIRA BANERJEE
TAMIL NADU ELECTRICITY BOARD REP. BY ITS CHAIRMAN – Appellant
Versus
TNEB-THOZHILALAR AYKKIYA SANGAM BY ITS GENERAL SECRETARY – Respondent


Advocates Appeared:
For Petitioner(s): Mr. K. Ramamoorthy,Sr.Adv. Mr. C. Paramasivam,Adv. Mr. Pushkin Rajkumar,Adv. Mr. Vinodh Kanna B., AOR Ms. S. Valarmathi,Adv.
For Respondent(s): Mr. Gautam Narayan, AOR Mr. S. R. Setia, AOR

JUDGMENT :

R. BANUMATHI, J.

Leave granted.

2. These appeals arise out of the judgment dated 27.03.2015 in W.A. No.497 of 2015 and judgment dated 21.08.2015 in W.A. No.1166 of 2015 in and by which the High Court affirmed the order of the learned Single Judge directing the appellant-Board to pay Dearness Allowance at the rate of 49% w.e.f. 01.01.2002 to the members of respondent(s)-union on par with the Central Government employees.

3. These appeals relate to the claim of employees of the appellant-Board for the payment of difference of Dearness Allowance (DA) for a period of nine months as under:-

- 4% of DA (difference of 49% - 45%) from 01.01.2002 to 30.06.2002

- 7% of DA (difference of 52% - 45%) from 01.07.2002 to 30.09.2002

4. Brief facts giving rise to these appeals are as under:-

A Memorandum of Settlement dated 08.07.1998 was recorded under Section 18(1) of the Industrial Disputes Act, 1947 between the appellant-Tamil Nadu Electricity Board (Board) and its workmen represented by unions for settlement of pay related issues. The Settlement covered about eighty thousand employees


















































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