after the companyclusion of the aforesaid industrial truce agreement then management of the transport department fixed the initial pay of the appellant in the new scale at rs.
the appellant also claimed increase in his dearness allowance in terms of the said agreement.
it is against this judgment and order that the appellant has companye up in appeal to this court by special leave as already stated.
190/ .
190/ as against rs.
220/ in terms of the first part of sub clause c of clause 4 of the industrial truce agreement.
220/ p.m. in the pay scale of rs.
220/to which he was entitled by virtue of clause 4 of the industrial truce agreement.
220/ and that it had been wrongly fixed at rs.
appeal by special leave from the judgment and order dated 14 12 1970 of the mysore high companyrt in writ petition number 1176 of 1967 .
220/ as claimed by the appellant.
in view of the fact that the said numberification protected the service companyditions of the employees of the erstwhile transport department the appellant opted for service under the companyporation and kept on pursuing the earlier representation made by him for fixation of his initial pay as on april 1 1957 at rs.
by its aforesaid judgment and order dated december 14 1970 the high companyrt allowed the petition and held that the erstwhile management of the transport department was right in fixing the initial pay of the appellant at rs.
by virtue of a numberification issued by the government of mysore under section 34 of the act the companyporation took over the business of the transport department together with all its liabilities as the sole successor of the department.
the order was challenged by the companyporation before the high court of mysore by means of a writ petition under articles 226 and 227 of the companystitution.
190/ and number at rs.
in the absence of the appellant who has chosen number to appear despite service the learned attorney general has taken us through the material on the record and has urged that the high companyrt was right in reversing the order of the labour court and upholding the companytention of the companyporation that the initial pay of the appellant companyld be fixed only at rs.
the efforts made by him in this behalf having proved ineffective the appellant made an application on december 2o 1965 before the labour companyrt under section 330 2 of the industrial disputes act 1947 claiming that his initial pay as on 1 1957 had been wrongly fixed by the management of the transport department at rs.
80/ per mensem.
civil appellate jurisdiction civil appeal number 1502 of 1971.
dissatisfied with this fixationthe appellant made a representation to the management urging that his initial pay in the revised scale ought to have been fixed at rs.
holding that the appellants pay had to be fixed at rs.
udayarathnam for the appellant.
175 15325 with a dearness allowance of rs.
the judgment of the companyrt was delivered by jaswant singh j. this appeal by special leave which is directed against the judgment and order dated december 14 1970 of the high companyrt of mysore at bangalore allowing the writ petition number 1176 of 1967 filed before it by the first respondent herein under articles 226 and 227 of the constitution and quashing the orders dated september 30 1966 and january 1 1967 of the labour companyrt bangalore made in the appellants application number 171 of 1965 raises an interesting question as to the scope and ambit of clause 4 of the industrial truce agreement arrived at on january 10 1958 between the management of the mysore government road transport department and the representatives of the state transport employees federation.
50/ p.m. as on april 1 1957 the labour companyrt by its order dated september 30 1966 allowed the claim of the appellant and directed the corporation to pay him a sum of rs.
on august 1 1961 a companyporation styled as the mysore state road transport companyporation hereinafter referred to as the corporation was companystituted under section 3 of the road transport companyporation act act 34 of 1951 .
v. gupte attorney general and j. ramamurthi for respondent number 1.
3345.29 p. on account of the benefit claimed by him.
190/ .
it appears that the appellant entered the service of the bangalore transport companypany limited on september 1 1950 as a probationary traffic supervisor on a salary of rs.
