JUDGMENT

This appeal is directed against the impugned order dated 05.06.2012 passed by the learned Single Judge in W.P.No.37814 of 2007, whereby the award passed by the second respondent/Central Government Industrial Tribunal-cum- Labour Court (in short “CGIT”) was reversed, holding that 14 part-time Safai Karmacharies were not eligible for the benefit of Settlement reached under Section 18(1) of the Industrial Disputes Act, 1947, on 28.11.1997.

2. Short facts leading to the filing of this writ appeal are stated below:-

The first respondent bank entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947, on 28.11.1997, with the appellant union for enhancement of wages to part-time employees. Subsequent to the settlement, the Central Office as well as Regional Office of the first respondent issued their Circular Nos.CO:PRS:97-98-194, dated 10.12.1997, and RO:PRS:98-99-1273, dated 18.09.1998, respectively, incorporating the terms of settlement dated 28.11.1997. By the said settlement dated 28.11.1997, wages per week for part-time employees were fixed as stated below:-

(a) From 01.11.1992 to 31.10.1994:-

Upto 3 hours --> Rs.130/- p.m.

More than 3 hours but less than 6 hours --> Rs.375/- p.m.

(b) From 01.11.1994 Upto 3 hours --> Rs.150/- p.m.

More than 3 hours but less than 6 hours --> Rs.440/- p.m.

Subsequent to the above settlement dated 28.11.1997, another bipartite settlement dated 27.03.2000 was entered into between the appellant union and the first respondent Bank for enhancement of wages payable to the part-time employees, by which, the wages per week for part-time employees were fixed with effect from 01.11.1997 as stated below:-

a) Upto 3 hours --> Minimum of Rs.450/- p.m.

b) More than 3 hours but less than 6 hours --> Rs.740/- p.m.

However, the first respondent bank did not pay the aforesaid enhanced wages to the said 14 part-time Safai Karmachari employees as per the above said settlements and circulars.

3. Mr.K.M.Ramesh, learned counsel for the appellant union, would submit that although 14 part-time Safai Karmacharis have worked for long number of years, they have not been paid with arrears and on the request made by them, the first respondent bank has not given valid reason for rejecting their claim. When the appellant Union claimed on behalf of 14 part-time Safai Karmacharies that in the case one Mrs.Chinnamma/part-time employee, the respondent bank has paid enhanced wages till the date of her absorption as per the settlements and circulars and she has been paid arrears for the period from 01.11.1992 to 30.06.1998. Therefore, the respondent bank cannot adopt any hostile discrimination in respect of 14 part-time Safai Karmacharies, as it is nothing but a clear unfair labour practice and victimization. To this stand, the respondent bank replied that with regard to regular part-time Safai Karmacharies, they were given arrears of wages in terns of settlement dated 28.11.1997 and circulars issued therein by the bank, but, in respect of casual labourers, who were working in cleaning of the branches in the absence of regular Safai Karmacharies, they were given arrears of wages from the date they were regularized as they were not entitled to claim arrears for the period before their regularization as per the settlement dated 28.11.1997. Therefore, in view of the said reply, the appellant union raised an industrial dispute on 21.07.2000 for non-payment of enhanced wages to 14 part-time Safai Karmachari employees as per the settlements and thereupon, the Ministry of Labour, Government of India, referred the industrial dispute for adjudication to the second respondent/CGIT; and the issue that was referred for adjudication is:

“Whether the claim of Central Bank of India Employees Union for payment of arrears with all attendant benefits to 14 Safai Karmacharies as per the IBA settlement by the management of Central Bank of India is legal and justified? If not, what relief the workmen are entitled to? ”

Therefore, the C