- (1.) The petitioner-Mills has a claim that the entitlements of LTC, educational allowance and travel allowance are being denied to them by reference to a settlement entered into by the employees of the petitioner-association with the Management of the Sugar Mills. The contention is that the State circular issued on 05.02.2009 (Annexure P-1) providing for LTC and the circular dated 18.06.2009 (Annexure P-2) providing for educational allowance, have not been given to them by referring to the settlement effected between the trade unions of the respective Sugar Mills with the respective Managements on 01.09.2010. The settlement specifically provided that the it was valid from 01.09.2010 and that the employees of the Cooperative Sugar Mills would not raise any demand other than the allowances which were specifically provided under the agreement.
(2.) The learned senior counsel appearing on behalf of the petitioner would state that the petitioner's entitlement flows through Rule 43 framed under the Service Rules for the employees of the Cooperative Sugar Mills in the State of Haryana. Rule 43 provides for pay and allowance and reads as under:- "43. Pay & Allowances Employees covered under Sugar Wage Board will be governed in the matter of pay and allowances as per the Sugar Wage Board recommendations. The pay of other employees will be as per Annexure-A and their allowances will be as per Government Rules."
(3.) The petitioner's contention is that they are 'other employees' as per Annexure-A mentioned under the Rules and that the employees have their entitlement as per the Government Rules which are assured under Annexures P-1 and P-2 instructions and the settlement with the Management stipulating certain allowances ought not to be taken as excluding their entitlement secured through statutory rules.;