IN THE HIGH COURT OF GUJARAT
PARESH UPADHYAY, J
Gujarat State Road Transport Corporation - Appellant
Versus
Maheshbhai Navalshankar Pandya - Respondent
S.C.A. Nos. 11717, 5166 of 2014 and 2262 of 2013
Decided on : 18-09-2014
For the Appellant :Shalin Mehta, Hemang Shah, H.S. Munshaw, G.M. Joshi, Hardik Rawal, and Sejal Mandavia, Advocates
For the Respondent:D.S. Vasavda, Mukesh Rathod, Prabhakar Upadhyay, Murli Devnani, Kishor M. Paul, P.P. Majmudar, Krutarth Pandya, Lopa Bhatt for Mahendra Trivedi, Mahendra K. Patel and Samir B. Gohil, Advocates
Headnote:
Industrial Disputes Act, 1947 - Challenge awards passed by Industrial Tribunal, granting benefit of time scale to workmen with retrospective effect from date as claimed by them, purportedly flowing from tsettlement between Management and Union in that regard, more particularly clause-20 of said settlement - Held, Crucial finding of Tribunal, based on misreading of Clause 20 of Settlement - Which provides for three stipulations, as it is based on only one stipulation putting in 180 days service by workman - Workmen cannot permitted to create different cases before different forums - While considering all aspects Impugned Awards not maintainable - Petitions allowed
Paresh Upadhyay, J.
Challenge in these petitions is made by the Gujarat State Road Transport Corporation to the identical awards passed by the Industrial Tribunal, granting benefit of time scale to the workmen, with retrospective effect, from the date as claimed by them, purportedly flowing from the settlement between the Management and the Union in that regard, more particularly clause-20 of the said settlement. The details of the impugned awards are as under.
1.1. In Special Civil Application No. 11717 of 2014, challenge is made to the award passed by the Industrial Tribunal, Rajkot in Reference (IT) No. 252 of 2012 dated 14.03.2014.
1.2. In Special Civil Application No. 5166 of 2014, challenge is made to the award passed by the Industrial Tribunal, Rajkot in Reference (IT) No. 40 of 2011 dated 08.08.2013.
1.3. In Special Civil Application No. 2262 of 2013, challenge is made to the award passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No. 172 of 2002 dated 14.10.2011.
2. The relevant facts of each petition are as under.
2.1. So far the facts of Special Civil Application No. 11717 of 2014 are concerned, the Industrial Tribunal, Rajkot has granted time scale to the concerned workman with retrospective effect vide its award dated 14.03.2014 recorded on Reference (IT) No. 252 of 2012. The respondent had joined as the Badli Conductor on 12.10.1996 and considering the availability of sanctioned vacant post and inter-se seniority, he was taken on the time scale by the Corporation [Rajkot Division], with effect from 11.02.2000. The workman approached the Tribunal in the year 2012 and the Tribunal has granted the time scale with retrospective effect of the year 1997 i.e. on completion of 180 days service, considering 12.10.1996 as the initial date of appointment. This benefit is given with arrears and not notionally.
2.2. So far the facts of Special Civil Application No. 5166 of 2014 are concerned, the Industrial Tribunal, Rajkot has granted time scale to the concerned workman with retrospective effect vide its award dated 08.08.2013 recorded on Reference (IT) No. 40 of 2011. The respondent had joined as the Badli Conductor on 17.12.1996 and considering the availability of sanctioned vacant post and inter-se seniority, he was taken on the time scale by the Corporation [Junagadh Division] with effect from 29.12.2007. The workman approached the Tribunal in the year 2011 and the Tribunal has granted the time scale with retrospective effect of the year 1997 i.e. on completion of 180 days service, considering 17.12.1996 as the initial date of appointment. This benefit is given with arrears and not notionally.
2.3. So far the facts of Special Civil Application No. 2262 of 2013 are concerned, the Industrial Tribunal, Ahmedabad has granted time scale to the concerned 11 workmen, whose details are mentioned in para: 2 of the award, with retrospective effect, vide its award dated 14.10.2011 recorded on Reference (IT) No. 172 of 2002. They are conductors and drivers. Their initial date of appointment as Badli workers was between the year 1981 to 1987 (details in the table in para: 2 of the award). The Corporation [Palanpur Division] had granted time scale to them considering the availability of sanctioned vacant posts and inter-se seniority of the workman in the respective cadre, as per its policy, between the year 1984 to 1996 (details in the table in para: 2 of the award). This was challenged by the concerned workmen before the Tribunal by this Reference in the year 2002. The Tribunal has granted benefit of time scale on completion of 180 days service, which in substance, is with the retrospective effect of about three decades from the date of award, and about two decades from the date of grievance made by them. The Tribunal, however, has granted notional benefit.
3.1. The above numbered three petitions, and a group of about 64 other petitions, with identical point at issue as recorded in para: 1 above, are listed for hearing