JUDGMENT :

SANDEEP V. MARNE, J.

1. Petitioner-BEST Undertaking has filed the present petition challenging the order dated 20 March 2021, passed by the Industrial Court, Mumbai in Complaint (ULP) No. 495 of 2015. By that Order, the Industrial Court has directed the Petitioner-Undertaking to give benefits of additional increments as per BCR-19 dated 23 April 1987 to the Respondents. The issue involved in the petition is whether the Drivers and Conductors holding the qualification of Graduation are entitled to benefit of additional increments on their promotion to the post of Clerk under the Order dated 1 July 1987. The Industrial Court has upheld entitlement of drivers and conductors to such additional increments. The BEST Undertaking is aggrieved by the decision of the Industrial Court and has filed the present petition.

2. Briefly stated, facts of the case are that Brihanmumbai Electric Supply & Transport Undertaking (BEST Undertaking) is constituted under the provisions of the Mumbai Municipal Corporation Act, 1888 and it is a statutory undertaking of the Municipal Corporation of Greater Mumbai. It provides utility services of mass public transportation and distribution and supply of electricity in and around the city of Mumbai. Respondents were working as Conductors, Drivers, Mechanics, etc. in the Transport Division of the Petitioner-Undertaking. They held the qualification of Graduation. After participating in the selection process, they have been promoted to the post of ‘Clerk’ on various dates.

3. It is Petitioner’s case that by an Agreement dated 21 May 1965 entered into between the Petitioner and BEST Workers’ Union, it was inter-alia agreed under Clause-4 that steps would be taken to fill at least 50% of the clerical posts in the undertaking from amongst the employees in the lower categories, who had the requisite qualifications. Vide Clause-17 it was also agreed that on promotion, the existing wage/salary of the employees would stepped up to the next higher step in the grade to which he is promoted, and, on such fixation, one additional increment of the higher grade would be granted. It is submitted that all the Respondents, being employees from the lower grade were in fact granted increments upon being promoted to Grade A/GV in the manner as set out hereinabove.

4. Thereafter, an Award dated 30th March 1974 came to be passed by the Industrial Court in Ref. IC No. 10 of 1969 directing the Petitioner-Undertaking that the clerks who were not graduates, when they were appointed or promoted as clerks but became graduates (with honors or otherwise) should be given a rise of two increments on such graduation, if the graduation was within 6 years of their appointment or promotion and one increment if the graduation was after 6 years of their appointment or promotion, is hereby granted.

5. By a notice of change dated 19 April 1971 issued by the BEST Workers’ Union to the Petitioner, it was demanded that employees in categories of Clerks in grade C-6 and 11-7 and are now in grade A/GV, who graduated or-and promoted thereafter be granted two increments if they graduated within 6 years or prior from the date of appointment or promotion and one increment, if they have graduated after 6 years from the date of promotion or appointment. This demand was adjudicated by the Industrial Court in Ref. (IC) No. 15 of 1972 by its Award dated 12th March 19745, the said demand of the union was rejected.

6. Thereafter, the BEST Workers’ Union raised a demand for the grant of two increments in addition to the increment they had received for being or becoming graduates The said demand was adjudicated upon in Reference (IC) No. 40 of 1974 vide Award dated 29 September 1975 wherein certain scale was set for grant of increments for clerks who are already in employment.

7. In another reference being Reference (IC) No. 131 of 1976, by consent of parties