SAVANTH (K.) versus MYSORE ROAD TRANSPORT CORPORATION & ANR.

SAVANTH (K.) versus MYSORE ROAD TRANSPORT CORPORATION & ANR.

Since the appellant’s pay as on April 1, 1957 was below the minimum of the revised scale and he had more than six years' service, he was entitled to three advance increments under Clause 4(b), and his pay ought to be fixed at Rs. 220/-. The limitation/prohibition under Clause 4(c) was not attracted because the increase did not exceed Rs. 40 (Rs. 25 plus one increment).

Parties
Appellant: Savanth (K.); Respondent No. 1: Mysore Road Transport Corporation; Respondent No. 2: Union of India
Jurisdiction
India
Judgment Date
28 February 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated December 14, 1970 of the Mysore High Court
Outcome
Appeal allowed
Legal Topics
Fixation of Initial Pay, Interpretation of Industrial Truce Agreement, Advance Increments, Service Conditions on Transfer of Undertaking
Labour Law Employment Law Fixation of Initial Pay Interpretation of Industrial Truce Agreement Advance Increments Service Conditions on Transfer of Undertaking

Case Brief

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Parties

Savanth (K.)

Appellant

Mysore Road Transport Corporation

Respondent No. 1

Union of India

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated December 14, 1970 of the Mysore High Court

Legal Issues

  1. 1 What is the proper method for fixation of pay under Clause 4 of the Industrial Truce Agreement dated January 10, 1958?
  2. 2 Whether the appellant was entitled to three advance increments in the revised pay scale based on his years of service?
  3. 3 Whether the benefit of increments was subject to the limitation/prohibition under Clause 4(c) of the Agreement?

Ratio Decidendi

Since the appellant’s pay as on April 1, 1957 was below the minimum of the revised scale and he had more than six years' service, he was entitled to three advance increments under Clause 4(b), and his pay ought to be fixed at Rs. 220/-. The limitation/prohibition under Clause 4(c) was not attracted because the increase did not exceed Rs. 40 (Rs. 25 plus one increment).

Court Disposition

Appeal allowed

Orders

  • The judgment and order of the High Court is set aside.
  • The order of the Labour Court dated September 30, 1966 is restored.