JUDGMENT :

1. Challenge is made by the Vadodara Municipal Corporation to the award passed by the Industrial Tribunal at Vadodara in Reference IT No.44 of 2000 with the brief facts, which are as follow:

1.1 The respondent Union raised the demand claiming conveyance allowance for those employees, who are getting the cycle allowance with effect from 01.04.1998 at the rate of Rs.75 per month claiming the same on the basis of the Government Resolution.

1.2 It was referred for adjudication to the Industrial Tribunal at Vadodara by Reference No.44 of 2000.

1.3 The respondent Union filed a Statement of Claim contending that the petitioner-Corporation passed a Resolution to follow and implement the Resolutions and Circulars of the Government and the Circulars issued by the Government providing conveyance allowance to cover the expenses for ‘to and fro’ journey from office to residence and that will not entitle the person to get the other allowance. Accordingly, the Corporation passed the Resolution to pay the conveyance allowance, however, the petitioner Corporation interpreted it in the manner that the Resolution would not permit payment of conveyance allowance to those workmen, who are getting cycle allowance. The cycle allowance was to the tune of Rs.45 per month and a conveyance allowance was Rs.75 per month.

1.4 The demand was raised by the employees, who were paid the conveyance allowance at the rate of Rs.75 per month with effect from 01.04.1998. The Union prayed for the cost also the amount with 18% interest.

2. Petitioner Corporation filed the written statement pointing out that the demand was misconceived. Corporation passed a Resolution to provide the conveyance allowance to those employees, who are residing at a distance of more than one kilometer from the place of service and they are not provided any commutation facility of any vehicle of the Corporation.

2.1 This conveyance allowance was for those employees, who were not getting either cycle allowance or allowance in form of fuel (petrol or diesel). They were given the option for conveyance allowance in lieu of cycle allowance in accordance with the Circular dated 23.06.1998 and the employee exercised the option in favour of cycle allowance. It was therefore, emphasized that they cannot get two allowances of the same kind one for the vehicle and another for the conveyance. Therefore, the Corporation prayed for rejection of Reference.

2.2 The Corporation also relied on the Resolutions dated 20.05.1998 issued by the Government of Gujarat, 01.07.1998 issued by the petitioner Corporation, 11.05.1999 issued by the Corporation and 29.06.1998 issued by the Corporation once again and on an agenda dated 23.06.1999 and clarification dated 23.06.1999.

3. The Industrial Tribunal by its award and order dated 14.02.2006 published on 05.04.2006 allowed the Reference partly and directed the Corporation to pay separate conveyance allowances with effect from 01.04.1998 to those workmen, who are getting cycle allowance as a part of their duty within the period of 60 days from the date of publication of award with cost of Rs.1000/-. Hence, this grievance and the present petition with the following prayers:

“6… (A) This Hon’ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, Direction or Order calling for the record and proceedings of reference IT No.44 of 2000 dated 14th February 2006 passed by the Industrial Tribunal at Vadodara and after pursuing the same, be pleased to quash and set aside the Award and Order passed in reference IT No.44 of 2000 dated 14th February 2006.

(B) Be pleased to pass such other and further Orders as may deem just and proper in the facts and circumstances of the case.

(C) Be pleased to Award costs of this petition.

(D) During the admission, pendency, hearing and final disposal of this petition, th