SHANTANU KEMKAR, ABHAY M.NAIK
Managing Director, MP State Road Transport Corporation – Appellant
Versus
Prantiya Rajya Parivahan Karmachari Sangh (Congress) – Respondent
Abhay M. Naik, J.
1. This writ petition has been preferred against the award dated 08.01.2007 under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act) by the MP Industrial Tribunal, Indore in Reference Case No. 2/2006.
2. Relevant facts, which are not in dispute, are that the first party is a registered union in the name of Prantiya Rajya Parivahan Karmachari Sangh (Congress) (Respondent No. 1) whereas second Respondent-Madhya Pradesh State Road Transport Corporation is established under Section 3 of the Road Transport Corporation Act, 1950. There was a memo of settlement (Annexure P/4) dated 03.02.1988 in Form 'M' as per Section 43 of the MP Industrial Relations Act, 1960 (hereinafter referred to as the MPIR Act) and Rule 44 of the MP Industrial Relations Rules, 1961. Settlement was arrived at after conciliation proceedings between the Managing Director, MP State Road Transport Corporation and the Madhya Pradesh Transport Workers Federation. Relevant terms of the settlement are as under:
(1) That it is agreed that the existing pay scales of the Corporation employees shall be revised in accordance with the pay scales of the State Government em
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