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2016 DIGILAW 4164 (MAD)

Tamilnadu Arasu Pokkuvarathu Thozhilalar Sangam Citu v. Management Of Tamil Nadu State Transport Corporation (Madurai) Ltd.

2016-12-15

R.SURESH KUMAR

body2016
ORDER : Mr. R. Suresh Kumar, J. The prayer in the writ petition is for a writ of Mandamus to direct the respondents to pay correct and appropriate daily rate of wages to the daily rated drivers and conductors as per the settlement from July 2008 onwards and to continue to pay correct and appropriate daily rated wages to the daily rated drivers and conductors by revising the daily rate of wages once in three months based on the increase in the quarterly average of dearness allowance. 2. The petitioner Association, representing the daily rated Conductors and Drivers working in the respondent Transport Corporation, has come out with the present writ petition for fixing and paying of proper daily wages to the Drivers and Conductors as daily rated wages category pursuant to the settlement under Section 12(3) of the Industrial Disputes Act (hereinafter referred to as 'the Act') by revising their pay from time to time, especially, in every three months and accordingly, pay the same to the said Drivers and Conductors. 3. A Settlement under Section 12(3) of the Act had reached between the respondent Transport Corporation and other similarly placed Transport Corporations and the workers on 30.09.1992, wherein, the respondent Corporation is also one of the party. According to the said settlement, under Clause 12, the mode of determination of daily rates have been given, which reads thus : "In order to uniformly regulate the payment of daily rate of wages for different categories of employees in the STC's, the following procedure shall be adopted : The lowest level of the basic pay in the lowest scale of pay applicable for the category shall be added to the Variable Dearness Allowance applicable for the previous quarter and the sum so arrived shall be divided by 26. The quotient rounded off to the nearest rupee shall be determined as the daily rate for a person in that category. This rate shall be revised once in three months taking into account the change in AICPI points. Since the VDA applicable for the current quarter is not known at the commencement of the quarter, in order to avoid confusion and for administrative convenience, the VDA rate applicable for the previous quarter shall be taken for this purpose. This rate shall be revised once in three months taking into account the change in AICPI points. Since the VDA applicable for the current quarter is not known at the commencement of the quarter, in order to avoid confusion and for administrative convenience, the VDA rate applicable for the previous quarter shall be taken for this purpose. Average AICPI for the quarter Applicable for calculating the daily rate January - March July - September April - June October - December July - September January - March October - December April - June 4. Based on the said settlement, a circular was issued by one of the Corporation, namely, Tamilnadu State Transport Corporation, Villupuram Division, Villupuram on 24.07.2008 and pursuant to which, the same petitioner representing the employees, namely, daily rated conductors and drivers working in the said Corporation at Villuppuram as petitioner approached this Court at the Principal Seat by filing a writ petition in W.P.No.23199/2008. In the said writ petition, final order was passed on 23.09.2008, wherein, the learned Judge, after having taken note of the very same settlement under Section 12(3) of the Act dated 30.09.1992 and the said circular dated 24.07.2008, passed the following order, which reads thus: "7. In view of the said fixation of daily rated wages, the respondents cannot deny the said wages to the other similarly placed daily rated drivers and conductors. Hence, the respondents 4 and 5 are directed to pay the daily rated wages of Rs.213/- for Drivers, Rs.212/- for the Conductors and Rs.211/- for the Helpers from July 2008 and for the earlier period the respondents 4 and 5 are directed to pay the daily rated wages in terms of the settlement, which was in force." 5. Even though such an order was passed by this Court, in respect of yet another Transport Corporation, like the respondents, and the same has been implemented, no such fixation has been made in respect of the workers to whom, the petitioner is representing the employees of the respondent Corporation herein. Therefore, the petitioner had submitted a represention on 31.07.2010 requiring the respondents to calculate the daily rate wages pursuant to the said 12(3) settlement as on June 2008 and also fix the same by revising it in every three months thereafter and to pay the same to the workers. Therefore, the petitioner had submitted a represention on 31.07.2010 requiring the respondents to calculate the daily rate wages pursuant to the said 12(3) settlement as on June 2008 and also fix the same by revising it in every three months thereafter and to pay the same to the workers. Though such represention was made by the petitioner, as stated supra, nothing was forthcoming from the respondents. Therefore, the petitioner, for redressal of its grievance of its members, has come out with this writ petition with the aforesaid prayer. 6. Heard the learned counsel for the petitioner and the learned counsel for the respondent Corporation. 7. The learned counsel for the petitioner submits that the issue of seeking daily rated wages, after proper revision, pursuant to the modalities set out in the said settlement dated 30.09.1992 made under Section 12(3) of the Act is a right conferred on the workers and in spite of the said settlement, wherein, the respondent Corporation is also one of the party and in spite of the represention having been submitted to the respondents on their behalf, no such revision has been made and no payment to that effect has been given as a daily rated wages. 8. The learned counsel for the petitioner would also contend that in respect of the Transport Corporation, Villupuram, the petitioner's Association itself had approached this Court as stated supra and only after obtaining the orders from this Court referred to above, revision has been made and those workers are being paid at the revised rate. When that being so, there is no plausible reason on the part of the respondents not to continue the said benefit, in spite of the settlement under Section 12(3) of the Act as well as the orders of this Court, insofar as it relates to the workers of the respondent Corporation, who are either daily rated conductors or drivers or other technical workers. Therefore the learned counsel for the petitioner wants the writ petition to be ordered. 9. Therefore the learned counsel for the petitioner wants the writ petition to be ordered. 9. On the other hand, the learned counsel for the respondents would contend that though the daily rated workers of the respondent Corporation had been originally paid at the rate of Rs.230/- per day for Drivers and Rs.229/- for Conductors, as revised pay orders of the respondent Corporation, dated 06.10.2010, the same has subsequently also been revised and presently the workers are getting Rs.305/- and Rs.300/- for Drivers and Conductors respectively as daily rated wages. Therefore, the learned counsel for the respondents would submit that on the basis of the 12(3) settlement, where the respondent is one of the party, the daily rated wages have been revised time and again and only revised rate as stated above is being now paid to the workers. Therefore, there is no further need to make any revision, as has been claimed by the petitioner herein. 10. The aforesaid rival submissions made on behalf of the parties by the learned respective counsel have been considered by this Court. 11. It is an admitted fact that there was a settlement under Section 12(3) of the Act in the year 1992 itself, where admittedly, the respondent Corporation is a party. It is also an admitted fact that under Clause 12 of the said settlement, the modalities, under which, such daily rated wages have to be calculated has been given. Accordingly, the average of all India Consumer Price Index in every quarter ie., every three months has been taken into account and based on which, the revised rate to be fixed for payment of wages to the next three months. When this specific modalities have been arrived at under the settlement referred to above and has been agreed upon by the parties, the respondent Corporation being one of the party to the settlement cannot deviate the same, instead, they have to scrupulously follow in letter and spirit. When this specific modalities have been arrived at under the settlement referred to above and has been agreed upon by the parties, the respondent Corporation being one of the party to the settlement cannot deviate the same, instead, they have to scrupulously follow in letter and spirit. When this kind of issue arising in respect of one of the Corporation, namely, Transport Corporation, Villuppuram, the same petitioner had raised the issue by filing W.P.No.23199/2008, wherein, the aforesaid order has been passed by this Court, where a specific direction, in fact, given to the respondent therein, to pay the daily rated wages of Rs.213/- for Drivers and Rs.212/- for the Conductors and Rs.211/- for the Helpers from July 2008 and it is also brought to the notice that the said orders of this Court has also been complied with by the respondent Corporation in that writ petition. When that being so, the respondent Corporation cannot take a different stand by meagre fixing of some revised pay, as has been fixed by the respondent Corporation originally at Rs.230/- and Rs.229/- for Drivers and Conductors respectively in the year 2010 and subsequently Rs.305/- and Rs.300/- for Drivers and Conductors respectively and therefore the said fixation cannot be a justification to state that the respondent Corporation also has followed the modalities stipulated in the said settlement. 12. The respondent Corporation being the party to the settlement has to necessarily fix the wages strictly in accordance with Clause 12 of the settlement and not otherwise. Law is well settled that when a particular thing is to be done in a particular manner as provided under the Statute, the same has to be done in that manner and not otherwise. The same is to be adopted herein also, where both the petitioner and the respondents are parties to the 12(3) settlement, wherein, a particular thing has to be done, as has been provided therein in a particular manner, both parties have to abide by the same and has to be done only in that manner. 13. The same is to be adopted herein also, where both the petitioner and the respondents are parties to the 12(3) settlement, wherein, a particular thing has to be done, as has been provided therein in a particular manner, both parties have to abide by the same and has to be done only in that manner. 13. Therefore, this Court has no hesitation to hold that the members of the petitioners, ie., daily rated Conductors and Drivers and other workers are entitled to get revised wages strictly in accordance with Clause 12 of the said settlement and in this regard, the respondents are liable to follow the procedure directed to be adopted under Section 12(3) settlement and accordingly, the wages to be fixed and to be paid to the workers. 14. In the result, the writ petition is ordered with the following directions: (1) that the respondent Corporation shall calculate and fix the wages from June 2008 onwards on the basis of Clause 12 of the settlement dated 30.09.1992. (2) After revising the wages, including periodical revision once in three months, the net wages payable to each of the individual daily rated workers, such as Drivers, Conductors etc. have to be calculated and the same including arrears shall be paid to the individual workers within a period of three months from the date of receipt of a copy of this order. (3) Needless to mention that thereafter also such calculation shall be made by the respondent Corporation, by making a revision of wages in every three months as indicated under Clause 12 of the settlement and continue to pay the same to each of such worker covered under the settlement. No costs. Consequently connected Miscellaneous Petition is closed.