- (1.) by making this writ petition the calcutta port trust authority challenged an award passed by the regional labour commissioner (central), and arbitrator dated december 29, 1988. The two issues were there before the arbitrator which are as follows: i) whether upward revision by 20% of the amount of rs. 34.00 paid to 'a' category workers on roll as on september 1, 1979 for the purpose of revision of equation allowance w.e.f. january 1, 1980 is justified? If so, whether the coal trimmers who also got equation. Allowance be eligible for any such revision? (ii) whether the amount of rs. 34.00 per month paid to the 'a' category workers in terms of clause 2 of the tripartite settlement dated september 15, 1979 should be admissible to 'a' category workers recruited after september 1, 1979. In the context of the labour advisor & industrial relations officer, calcutta port trust's letter no. Id-viii/112a/1591 dated october 31, 1980"
(2.) neither of the parties have filed their respective affidavits. Union of india has already given effect and following such effect the port trust authority is giving the benefit prospectively from the date of the award which has culminated to the settlement subsequently under which it would be given from february 4, 1989. Therefore the matter is rested therein.
(3.) learned counsel for the port trust authority, the petitioner herein, submitted that the order should have been made prospectively but not retrospectively with effect from january 1, 1980 by holding the same to avoid future anomaly in the wage pattern of 'a' category workers which is beyond the scope and jurisdiction of the arbitrator. Arbitrator can give only the prospective effect but not the retrospective effect unless the situation so eermits on the basis of the references made efore him. It is further to be noted hereunder that fixation of equation allowance in respect of some of the workers similar to the other who has obtained, is a matter of policy. Therefore the decision as given by the arbitrator dated december 29, 1988 cannot in any manner be given retrospective effect before the policy framed is accepted. Moreover the matters were brought before the appropriate authority or the arbitrator by way of industrial dispute in the year 1986. Under such circumstances, giving retrospective effect from september 1, 1980 will exceed the jurisdiction of the arbitrator and therefore the same is not permissible.;