S.H.A. Kaza and Bhagwan Din, JJ. - (1.) By means of this petition the N.T.C. Mills Staff Association U. P. Kanpur has claimed for grant of leave travel concession to its supervisory and other staff as provided under Rule 10 of the National Textile Corporation (U. P.) Limited T.A. Rules, 1975 and to order to compute the money benefit of leave travel concession from 1975 to 1984 in terms of money and pay the same to the members of the Supervisory staff.
(2.) The main thrust of the petitioner in this petition is that the respondents have been acting in a discriminatory manner inasmuch as they gave the L.T.C, to the Supervisors who are working in the factory as well as in the Head Quarter and to other employees. But the Supervisors and other workers who are working in the Mill are denied that concession.
(3.) The case of the respondents on the other side is that the leave travel concession facility has been given to such employees who are drawing more than 1600/- basic salary including clearness allowance and additional clearness allowance because they are not given the bonus and other facilities which the employees drawing less than Rs. 1600/- have been enjoying. Besides the above, it was contended that the leave travel concession is only a concession and cannot be claimed as a matter of right. The employees who are working in the same office have different service conditions. The employees who are working at the Head Quarter may be designated as Supervisors but according to the respondent they are a different class. But the employees who are working in the factory are governed under the provisions of the Factories Act and the employees who are working in the Head Quarter are not governed by the Factories Act. The leave travel concession was never extended to the Textile Mills because they get bonus arid other facilities under the Factories Act, like grant of one day leave after completion of 20 days work. Besides the above, the workers engaged in factory, work through relay system on shift basis while the employees working in the Head Office has fixed timings from 9.30 A.M. to 5,30 P.M. besides five days working in a week. But the leave travel concession is given to the employees of the factory as well as to those who are drawing more than Rs. 1600/- per month and the employees whose case has been represented by the petitioner, are drawing less than Rs. 1600/- per month and are not entitled for leave travel concession.;