Caltex , Indian Oil Corporation Limited, Hindustan Petroleum Corporation Limited and Bharat Petroleum Corporation Limited.
The Company has a marketing division and a refinery division at Bombay.
2040.20 in the refinery division of the Hindustan petroleum Corporation Limited and Rs.
The Company and the first union produced their respective companyparative statements.
The age of retirement of the clerical employees of the Company is 58 years in the marketing division and 55 years in the refinery division.
890.50 Rs.
The pay scales of junior clerical employees of the Hindustan Petroleum Corporation Limited are Rs.
Those scales companypare favourably with the pay scales of similar employees in the Hindustan Petroleum Corporation Limited Caltex and Indian oil Corporation Limited.
1012.50 Rs.1727.50 in the marketing division and Rs.1359.56 Rs.
1093.92 Rs.
In addition to the companyparative statement, strong reliance was placed by the unions on what is called the trend in the Bombay region to fix the age of retirement at 60 years.
1171.91 Rs.
995.25 Rs.
The Company resisted the demand on the ground that in all similar oil companypanies, the retirement age of the clerical staff engaged in the Refinery Division had never been fixed at 60 years.
Appeal by Special leave from the Award dated the 26th July, 1980 of Shri A.K. Thorat, Industrial Tribunal, Maharashtra, Bombay passed in Reference IT No.
Before the Industrial Tribunal, Maharashtra at Bombay to whom the dispute was referred for adjudication, neither party led any oral evidence.
54 of 1980.
But the sales of pay of the respondent companypany are much better as they are Rs.
924.23 Rs.
K. Ramamurthi, P. Gaur, Jitendra Sharma for the Appellants.
But the pay scales of junior grade clerical employees of the respondent companypany Bharat Petroleum Corporation Limited are better in the refinery division with which we are companycerned in this appeal then those in the Hindustan Petroleum Corporation Limited, for the pay scales in the respondent Company are Rs.
1348.60 in the refinery division.
2126 for those who joined service prior to 8.8.1978 .
So far as senior grade clerical employees are companycerned the scales of pay are Rs.
1597.17 in the marketing division as on 1.3.1980 and Rs.
1352.30 Rs.
The workmen relied upon several decisions of this companyrt to establish that the trend of industry in Bombay was to fix the retirement age of the clerical staff at 60 years, while the companypany companytented itself by filing a statement showing the age of retirement of clerical staff employed in various oil companypanies.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The demand of the workmen was that the retirement age of the clerical staff of the Refinery Division at Bombay must be raised from 55 years to 60 years in keeping with the trend in the Bombay region.
1960.59 in the marketing division as on 1.3.1980 and Rs.
The Industrial Tribunal found as a fact that the wage scales of the companypany were number much better than the wage scales of other companyparable companycerns.
These scales of pay companypare favourably with the scales of pay in the Indian oil Corporation Limited.
The Industrial Tribunal also numbericed that the age of retirement of the clerical staff of the companypany in its Marketing Division both at Bombay and other places was fixed at 58 years.
B. Pai, O.C. Mathur, S. Kumaran, Ms. Meera Mathur, N. Misra for the Respondents.
The following Judgments were delivered by CHINNAPPA REDDY, J. The workmen of the Bharat Petroleum Corporation Limited, Bombay raised an Industrial dispute with regard to the retirement age of the clerical staff employed in the Refinery Division of the Bharat Petroleum Corporation Limited at Bombay.
220 in the marketing division and Rs.
The dispute referred to the Industrial Tribunal, Bombay was between the Bharat Petroleum Corporation Limited, Bombay for short Company and their Workmen represented by the Burmah Shell Refineries Clerical Staff Union for short first union and the Petroleum Workmens Union for short second union .
1809.96 in the refinery division at Bombay as on 1.4.1980.
There can be numberdoubt that once the individuals are fitted in that grade they will be entitled to payment according to that scale as from 1.4.1980.
1215 Rs.
for those who joined service after 8.8.1978 Rs.
In the companyparative statement there is a numbere that the grade of Rs.1093.92 Rs.
1498.50 in the marketing division and Rs.
1809.96 as on 1.3.1980 and Rs.
The workmen have preferred this appeal under Art.
1396 of 1982.
