- (1.) Leave granted. This appeal by special leave arises from judgment of the Division Bench of the Bombay High Court in Appeal No.681/90, dated 12-9-91. The appellants filed writ petition No.3571/89 seeking that the former employees of the respondent-Corporation who retired prior to 1-1-89 (Clerical cadre) employed in the Bombay region are entitled to the parity in payment of pension with the employees who retired on that date in other regions of the respondent-Corporation and the non-payment thereof is violative of Articles 14 and 21 of the Constitution. To understand the contention, it is necessary to mention the background of the case.
(2.) Consequent upon the nationalisation of the erstwhile Burmah-Shell on January 24,1976, the Burmah-Shell pension fund operating prior to the nationalisation was taken over and a new trust fund was created with terms and conditions mentioned therein found beneficial to the employees even after the nationalisation. According to the terms, the pension is payable on the basis of salary and not on basic salary plus D.A. In 1978, disputes were raised by the employees 'union including the dispute relating to the increase of the pension by merging D.A. with basic salary which had been referred to the Industrial Tribunal. In its Award dated 24-10-83, the Industrial Tribunal rejected the demand No.3,i.e. claim to increase the pension with merger of D.A. in the basic salary and computation of the pension with merger of D.A. in the basic salary and computation of the pension on that basis. In respect of this rejected demand, the employees filed W.P. No.1568/85 and in respect of other demands allowed by the Tribunal the respondent-employer filed W.P. No.757/84. Therein a compromise had been reached by and between the parties and the relevant part reads thus :- " (d) The old clerical employees who have retired from the Corporation prior to 1-1-89 will be paid as one time lump sum compensation in lieu of awarded amount of H.R.A., gratuity and duty allowance (so far as divisional offices are concerned) amounting to Rs.50,000/- within four weeks from that date." Clause (4) is relevant for this purpose. It would articulate that "award in respect of items and demands other than those items settled above will operate".
(3.) The Industrial Tribunal has stated in respect of the demand for increasing the pension at para 11 thus :- "The present demand of the Union is that the existing pension scheme should be modified and revised so to include :- (a) pension amount should be calculated on the wages/salaries inclusive of Dearness Allowance and other non-personal allowances. (b) it should be assessed on the basis of 50% of wages/salaries last drawn by the workman without any deduction.";