B.C.PATEL - (1.) Special Civil Application No. 3631 of 1990 is filed by Gujarat Mineral Development Corporation (hereinafter referred to as the Corporation) under Article 226 of the Constitution of India praying for a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the award made by the Presiding Officer, Industrial Tribunal at Ahmedabad on 30.12.1989 in Reference (ITC) No.28 of 1984 (Annexure 'G'). By an amendment, it was further prayed to modify the award at Annexure 'G' in terms of the settlement (Annexure 'I' Colly) or to dispose of this petition in terms of the settlement at Annexure 'I'.
(2.) Special Civil Application No. 1404 of 1987 is preferred by Gujarat Mineral Development Corporation Employees Union (hereinafter referred to as the trade Union) against the Corporation interalia praying for a writ of mandamus or any other appropriate writ, direction or order directing the Corporation to pay House Rent Allowance as well as Project Allowance to all the daily-rated employees on the same basis as is being paid to the monthly rated employees. The petitioner trade Union has further prayed to declare the exclusion clause in the definition of term 'employee' in Rule 3(k) of the Service Rules as illegal, arbitrary, discriminatory, opposed to the public policy, ultra vires, illegal and in violation of section 23 of the Contract Act and non-est in the eye of law. The trade Union has also prayed to direct the respondent Corporation to absorb the daily rated employees and to pay them salary and allowance on the same basis as are being paid to the monthly rated employees. Another prayer made in the petition is for a direction to the Corporation to regularise the pay and allowance of the daily-rated employees on the basis as are being paid to the monthly rated employees from the initial entry/appointment of the daily rated employees in the service of the respondent Corporation and to pay them arrears of difference in salary and all other consequential benefits with 18% interest.
(3.) On behalf of the trade Union, it is contended that the daily rated employees employed by the Corporation are treated differently, and, therefore, for the enforcement of their constitutional rights guaranteed under Article 14 and 21 of the Constitution of India, the petition is filed. On behalf of the Corporation affidavits are filed in detail justifying its action. The Corporation has contended that it is following the procedure laid down under law and have committed no breach of any provision of law at any time, and as per the settlement entered into with other trade Unions having majority of workmen, the benefits available on account of settlement are being extended to all the workmen. There is a reference of the same in the award. During the pendency of the petition, there was a further settlement, and, therefore, in the petition, prayer is made to modify the award in terms of the settlement. It was further contended that under the Industrial law, the Forum was approached and after adjudicating the disputes ultimately award is drawn. In view of this, the petition filed by Union should be dismissed.;