M G PANSE Vs. S K SANYAL
LAWS(MPH)-1980-3-7
HIGH COURT OF MADHYA PRADESH
Decided on March 07,1980

M G Panse Appellant
VERSUS
S K Sanyal Respondents




JUDGEMENT

G.P.SINGH,C.J. - (1.)L . This order shall also dispose of Mise. Petition No.122 of 1977.
(2.)THE Management of Bhilai Steel Plant owns captive Rajhara and Nandini, Certain employees of the Plant were the common cadre. The petitioners in Misc. Petition No.1076 of 1976 who are employees in Design and Drawing Establishment of ore, Mines and Quarries Department and are working at the Mines Headquarters at Bhilai, belonged to this cadre. By order dated 3rd March 1962 passed by the General Manager there was a bifurcation and the personnel working in Drawing and Design office was allocated to the Mines organisation. In the year 1963 the Management introduced the incentive bonus scheme for the persons employed in Rajhara and Nandini mines. The benefit of the scheme was denied to the persons working in Design and Drawing office at the plant. By an agreement dated 19th August 1975 entered into between the Management and the Samyukta Khadan Mazdoor Sangh, a registered Union, a reference was made under section 10 -A of the Industrial Disputes Act, 1947, for arbitration to Shri S.K. Sanyal Resident Engineer, Bhilai, for deciding, the following specific matters in dispute: -
(A) Whether the Design and Drawing staff of Mines Head Quarters, who have been excluded from the purview of the Production Incentive Scheme can be legitimately brought within the coverage of the Production Incentive Schemes of Rajhara and Nandini Mechanised Mines. If so, how and from what date?

(B) Whether the separation of Design and Drawing staff of O -M, Dept from the Design and Drawing staff of the plant was justified if not, what relief the concerned workmen are entitled to -

The arbitrator gave his award on 26th May 1976. After narrating at considerable length the contentions advanced by the Union and the Management, the arbitrator gave the following award:

Reference A: -

"Some legitimate ground exists for bringing the Design and Drawing staff of the Mines Headquarters within the purview of the production incentive scheme, Considering the contribution made by the Design and Drawing staff of the Mines Headquarters to the production and incentive earnings of the Design and Drawing staff in the Rajhara and Nandini Mines, I am of the view that ends of justice will be met if a lump sum amount as detailed below is paid to each of the employees of the different categories for the period between the introduction of the first incentive scheme covering the Design and Drawing staff in the Mines i.e. 1st April 1963 and the introduction of the last incentive scheme covering an categories of staff i.e. 1st August 1975. Part payment to employees who have worked in Design and Drawing Department of Mines Headquarters for part of this time should be made on prorata basis: -
1. Design Assistant Rs.2,800/ - 2. Sr. Draftsman Rs.2,600/ -
Estimator Rs.2,000/ -

(3.)DRAFTSMAN Rs.1,500/ -


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