MUNICIPAL COUNCIL Vs. GENERAL SECRETARY RAJASTHAN NAGAR PANCHAYAT KARAMCHARI UNION
LAWS(RAJ)-2005-2-6
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 25,2005

MUNICIPAL COUNCIL Appellant
VERSUS
General Secretary Rajasthan Nagar Panchayat Karamchari Union Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) By this writ petition, Municipal Council, Jaipur has challenged Award dated 24.12.91 (Ex.39) passed by Industrial Tribunal, Jaipur in IT. 331/82, directing that from the date of their completion of 240 days of service, the employees of respondent Union became entitled for all benefits as per their demands raised before the Tribunal.
(2.) The respondent employees' Union raised a dispute by way of reference made by appropriate Government u/s. 10 of Industrial Disputes Act, 1947 ('Act') vide notification dated 30.10.82 for adjudication with regard to claim of (1) medical reimbursement; (2) cycle allowance; (3) soap & meter duster per month; (4) confirmation; (5) 15 days leave on full pay & allowances in a year; (6) Weekly rest with pay; & (7) Uniform in summer & winter seasons, from the date on which they have completed 240 days of their service.
(3.) During adjudication of the dispute under reference, it was admitted between the parties that all the seven claims (supra) of the respondent Union have been accepted by the petitioner Municipality; but their grievance was that their claims should be acceded to them from the date they completed 240 days of service; as such, question for consideration before the Tribunal, which remained for adjudication was as to from what date, the workmen became entitled to claim such benefits in dispute under Reference, either immediately on completion of 240 days of service of the workmen or otherwise?;


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