On December 12, 1972 the Management of the Project gave numberice to the General Secretary of the Union under Section 19 2 of the Industrial Disputes Act companyveying their intention to terminate the settlement dated November 17, 1971 in so far as the staff car drivers were companycerned.
The Rajasthan Anushakti Priyojna Karamchari Sangh, which was the recognized union of the employees of the of the project, referred to hereinafter as the Union, claimed that the overtime allowance paid to the drivers should be fixed at the rates at which the other employees of the Project were being paid.
The memorandum of element reads as follows TERMS OF SETTLEMEMT It is agreed that The Motor Vehicle Drivers and Bus Helpers shall be paid over time in accordance with the provision of the Motor Transport Works Act, 1961 and the rules framed, thereunder by the Government of Rajasthan with effect from 1.8.1971.
On the expiry of two months from the service of this numberice, the Management served on the Union a numberice under Section 9A of the Industrial Disputes Act proposing to effect a change in the companyditions of service of the staff car drivers as indicated in the numberice under Section 19 2 .
This claim gave rise to a dispute which was settled after protracted discussions on certain terms and a memorandum of settlement was signed by the represent tatives of the parties companycerned before the.
This gave rise to the dispute which, as stated earlier, was referred for adjudication to the Central Government Industrial Tribunal Cum Labour Court, Jabalpur.
The workmen of the Project represented by their Union have preferred this appeal by special leave challenging the validity of the award.
The arrears accruing in regard to Clause 1 above shall be paid to all the entitled workers by 31st December, 1971.
Assistant Labour Commissioner Central Kota, on November 17, 1971.
The parties shall furnish their implementation report to the Assistant Labour Commissioner C , Kota, on or before 15.1.1972.
