- (1.) THIS D. B. Civil Special Appeal is directed against the order of the learned single Judge dated May 14, 1998 rendered in Civil Writ Petition No. 3240 of 1984. By that order, the learned single Judge rejected the writ petition challenging the award of the Industrial Tribunal, Bikaner dated March 31, 1984. The facts giving rise to the appeal are as follows.
(2.) THE appellant is the State Farm Corporation of India Ltd. It is located at Jetsar, Rajasthan, The appellant was established on March 3, 1964. Till July 31, 1969 its administrative control vested with the Ministry of Agriculture, Government of India. While the administrative control over the appellant was still being exercised by Government of India the latter by its order dated October 28, 1966 granted 10% project allowance to the workers employed at Jetsar Project. Subsequently, with effect from August 1, 1969 the administrative control was transferred to the Corporation itself vide notification of the Government of India dated June 23, 1969. By virtue of the notification pay, leave, travelling and other allowances and service conditions of the staff remained unchanged. The notification provided that pay, leave, travelling and other allowances and service conditions of the workers shall be governed mutatis mutandis by the existing rules and regulations applicable to the employees or as may be issued by the Government of India from time to time till they stand replaced by the rules framed by the Corporation. As a consequence of the notification project allowance to the workers employed at Jetsar site was continued to be paid to them even after the administrative control was vested in Corporation itself. On November 30, 1974, the appellant reduced the project allowance from 10 per cent to 8 per cent.
(3.) THE employees of the appellant not being satisfied with the reduction of the project allowance raised an industrial dispute. The Appropriate Government by its order dated June 2, 1978 referred the question namely, whether or not reduction of the project allowance from 10 per cent to 8 per cent was legally justifiable. The Industrial Tribunal", Bikaner to whom the reference was made concluded by its order dated March 31, 1984 that the reduction of project allowance from 10 per cent to 8 per cent brought about a change in the service conditions of the employees. Since the reduction was made without giving 21 days' Notice of Change to the workmen provisions of Section 9-A of the Industrial Disputes Act, 1947 (for short 'the Act') were violated.;