Collective wage agreements, established through industry-wide bargaining, function as comprehensive package deals. Tribunals lack the authority to override these binding settlement terms by selectively applying external administrative notifications, as doing so undermines the integrity of collective bargaining and the finality of negotiated service conditions.

Judgment :

Shampa Dutt (Paul), J.

1. The writ application has been preferred challenging an award dated 26.04.2023 as passed by the Central Government Industrial Tribunal-cum-Labour Court in case No.16 of 2010 and as published by the Central Government by publication order dated 07.08.2023.

2. Vide the impugned order, the Central Government Industrial Tribunal-cum-Labour Court, Asansol held as follows:-

“Accordingly, the employees of M/s. ECL working within Municipal Area of Asansol and Narsamuda Colliery in particular who have not been provided with company accommodation are entitled to 20% of their basic pay as HRA with effect from 01.01.2009. It needs to be mentioned that as per National Coal Wage Agreement-VIII Implementation Instruction No. 16 dated 22.07.2009, no arrear shall be payable for the period from 01.07.2006 to 31.12.2009 on revised basic pay on account of HRA as per NCWA-VIII. Arrear of less drawn HRA @ 5% of Basic pay from 01.07.2004 till 31.12.2009 and less drawn HRA @ 10% of Basic pay from 01.01.2009 till date be paid to the employees of M/s. ECL working within Asansol Municipal Corporation area and who are not having company accommodation. The Industrial Dispute is disposed of in favour of workmen in the light of my above findings.

The reference case is decided in favour of workmen/union. Let an Award be drawn in favour of workmen to the effect that House Rent Allowance at the rate of 15% of basic be paid to employees not provided with company's accommodation within the Municipal Area of Asansol with effect from 01.07.2004 subject to maximum of Rs. 2286.30 and House Rent. Allowance at the rate of 20% of the basic with effect from 01.01.2009. The dues shall be paid to the employees less the amount already drawn towards the HRA, within three months from the date of notification of this Award. Let a copy of this Award be communicated to Ministry for information.”

3. The petitioner's case in short is that the respondent trade union raised a dispute with regard to enhanced House Rent Allowance for the coal mine workers on the ground that the Government of India through notification dated 17.4.1996 had declared Asansol urban area as B-2 class city for the purpose HRA with effect from 31.1.1994, and subsequently by a notification dated 14.6.2001 issued by the Coal India Limited Asansol had been given the status of A-class city.

4. It was the case of the union that consequent upon upgradation of Asansol from C-class city to B-2 and then to A class city, with the corresponding upgradation and the Sodepur Area coming under Asansol Municipal Corporation, the HRA for the coal mines workers should be appropriately enhanced commensurate to the upgradation of Asansol from B-2 to A-class city. The Learned Tribunal thereafter proceeded to dispose of the order of reference by an award dated 26.4.2023 in favour of the workmen/union.

5. The petitioner in the writ application further states that in the anvil of the phase-wise upgradation of the areas coming under Asansol Municipal Corporation to be upgraded, the petitioner states that the Sodepur area had been upgraded from time to time following the government notification/classifications on HR