MANAGEMENT OF SARAN ENGINEERING CO LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the Management of Saran Engineering Company Limited, complaining of an award dated the 12th October. 1968, given by the Industrial Tribunal. Bihar in Reference No. 8 of 1968. The reference was for an award on the following point:-- "Whether the management is justified in having once put Shri Ramdeo Prasad to clerical Grade 'A' and then subsequently putting him in Grade 'B' after agreement dated 2-9-1963 ?" It may be stated that this agreement of 1963 had been entered into between the management of the company and Marhowarah Factories Labour Union, whereas the reference to arbitration was on the footing that there existed or was apprehended an industrial dispute between the management and their workmen represented by Marhowrah Factories Mazdoor Sangh. According to the finding of the Industrial Tribunal, once Shri Ramdeo Prasad had been put in Grade 'A' the management was not justified in putting him in Grade 'B', after the abovementioned agreement. The relevant portions of the memorandum of settlement, dated the 2nd Sen-tember. 1963, are quoted below:-- "Clerical staff Sub-divided into following categories: Grade 'A'. Head clerk or office Superintendent Store keeper. Grade B Senior Accounts Clerk, General Office, Senior Accounts Clerk, Stores, Senior Costs Clerk, Senior Works Clerk, Time Office Supervisor. Senior Stenographer. Assistant Store Keeper, Cashier. <FRM>JUDGEMENT_177_AIR(PAT)_1972Html1.htm</FRM>

(2.) The relevant facts are stated below. Shri Ramdeo Prasad, a Class I Stenographer was appointed by the petitioner Company in January 1946- Of the previous history of dispute it will be enough to refer to the following. By 1961 certain employees of this Company including Shri Ramdeo Prasad had reached the top of their grades and had received no increment of pay for c few years. Therefore, the General Manager had recommended a special increment to some of the employees including Shri Ramdeo Pd. (Annexure 4). By a communication dated the 11th May, 1961 (Annexure 5), the recommendation was accepted in the following terms :--

(3.) According to the case of the Management, this workman, namely, Shri Ramdeo Prasad had never been put in the highest scale of pay of 1955, although on a sympathetic view having been taken, he had been given certain increment, as stated above. The dear-ness allowance had been cut down because the workman was getting pay at a higher scale.