WATER WORKS KARMACHARI SANGH Vs. PUBLIC HEALTH AND ENGINEERING DEPARTMENT

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution submitted by the workers of the Water-works Ujjain through the President of the Water-works Karmachari sangh.

(2.) THE petition is directed against the Public Health and Engineering Department government of Madhya Pradesh Bhopal, and by this petition the petitioners seek to quash the order passed by the Industrial Court on a reference made by the government of Madhya Pradesh under Section 36-A of the Industrial Disputes Act. The circumstances under which the reference came to be made may briefly be stated as under:

(3.) THE petitioners raised a dispute regarding pension scheme under which they were entitled to pension by reason of the fact that the Water-works at Ujjain was taken over by the State of Madhya Bharat on 1-4-1955 and it had been decided to allow pension to the employees of the Water-works as if they had commenced their services in the State Government Department from 2-4-1953. Many of the employees of the Water-works had put in considerable service extending over 10, 15, 20 and even 30 years and the actual dispute which the employees had raised was that they should be taken to be Government employees for the purpose of pension from the dates of their individual appointments. The Government was not agreeable "to this position and ultimately they made a reference under Section 10 (1) (c) of the Industrial Disputes Act, 1947. The Industrial Tribunal presided over by Shri G. K. Shinde gave an award holding that the employees of the Ujjain water-works should be treated on par with the Gwalior Water-works and Shivpuri water-works and that their services should be made pensionable from the date of their appointment. This award was given on 25th March 1960.