NEW DELHI: A Delhi court has dismissed over 80 pleas seeking direction to Bennett Coleman and Co.Ltd, publishers of the Times group of newspapers, to increase wages according to the pay scales prescribed under the Majithia Wage Board Award.
Labour court presiding judge Raj Kumar said the grant of ACD (assured career development)/promotions was not automatic but subject to the satisfactory completion of services.
"I have no hesitation to hold that the workmen have utterly failed to prove the violation of any subclause of clause number 20 of the Majithia Wage Board Award. Accordingly, issue nos are decided in favour of the management and against the workmen," the judge said in his verdict on October 10.
The court also noted that the workmen executed various letters and receipts acknowledging that they had received their full and final amounts from the management.
The labour court award dealt with as many as 86 pleas of the workmen having similar issues.
The complainants had sought an increase in the amount they received at their retirement, claiming that they were entitled to the 'claim amount' on account of arrears of wages and/or interim relief according to the Majithia Wage Board recommendations, which was allegedly not given by the company.
"As such, I have no hesitation to hold that the workmen have utterly failed to show as to how their basic salary has been drastically reduced after the fixation of the revised pay scales under the Majithia Wage Board. I am of the opinion that it has been rightly argued by the management that as per clause 20(i) of the Majithia Wage Board Award, no employee was to be given more than the maximum of the revised pay scales," the 53-page award said.
It said the claimants admitted in their cross-examinations that they have not neutralised the amount.
In the opinion of this court, management has rightly argued that the claim for fixation of the new basic beyond the maximum limit of the revised pay scales is not in consonance with the recommendations of the Majithia Wage Board, it said.
"I am also of the opinion that the management has further rightly argued that it has duly considered the variable pay while deciding the employee's HRA, transport allowances, etc., and that DA has to be given as per table IV criteria according to the Majithia Wage Board," the judge said.
The award concluded by saying that the petitions were not maintainable so far as the grant of ACD is concerned.
"I have no hesitation to hold that the grant of ACD during the block period of every 10 years is not automatic but the same is subject to the satisfactory performance of the duties by the workmen and therefore, the present applications, so far as the grant of ACD is concerned, are not maintainable," the judge said.
The court also said that the management had issued various letters over the time to some of the petitioners in respect to their unsatisfactory services and disciplinary actions.
It further noted that all the claimants had already retired and the petitions had been filed only after their retirements.
It said during their cross-examination, it was admitted that the claimants had received Majithia Wage Board revised wages with effect from April 1, 2014 till the date of their retirements, and also received their arrears as per the Board during the relevant period.
"They have also admitted that they have received their entire emoluments i.e. their full and final dues without any protest of any kind such as their gratuity, leave encashment, provident fund, etc. Some of the workmen are not aware as to what was their initial designation or last designation. Some of the workmen have categorically admitted that they were given due promotions as per the recommendations of the Majithia Wage Board Award," the award said.
It has to be seen that the workmen have themselves admitted the criteria and methodology adopted by the management in determining the revised salary and arrears as per the Majithia Wage Board Award, and the employees' union of the workmen also expressed its gratitude to the management for complying with the recommendations of the Board, the court noted.
"To my mind, once the criteria/methodology adopted by the management stands admitted by the workmen, later on, no fault can be found by the workmen with the above said criteria adopted by the management in implementing the recommendations of the Majithia Wage Board," the presiding officer said.
The court said the petitioners failed to specify their claim as to how their basic salary had been "drastically reduced" after the fixation of the revised pay scales as per the Majithia Wage Board Award.