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