GUWAHATI, India, July 3 -- Gauhati High Court issued the following order on June 3:

1. Heard Mr. A. Dasgupta, learned senior counsel, assisted by Mr. S. Chakraborty, learned counsel, appearing on behalf of the petitioner Employees' Union. Also heard Mr. B. Chakraborty, learned CGC, and Mr. H. Sarma, learned standing counsel of the Indian Oil Corporation Ltd. (IOCL), appearing for the respondent No. 2.

2. The petitioner Employees' Union, by way of instituting the present proceeding, has presented a challenge to the award, dated 16.05.2014, passed by the learned Central Government Industrial Tribunalcum-Labour Court, Guwahati, in Reference Case No. 11/2012.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner is a registered trade Union representing the employees of Bongaigaon Refinery under the Indian Oil Corporation Ltd.(IOCL). The Bongaigaon Refinery and Petrochemicals Limited(hereinafter, referred to as 'BRPL', for short) was merged with the Indian Oil Corporation Ltd.(IOCL) on 25.03.2009. Prior to the merger of the BRPL with the Indian Oil Corporation Ltd.(IOCL), settlements were arrived at between the management of BRPL and the Unions. One of such tripartite settlement was so signed on 13.02.1991.

Under the said settlement, the management agreed to adopt the promotion policy for a period of 6(six) years. Thereafter, the management of BRPL had mooted a new concept of promotion from non-executive cadre to executive cadre in a bipartite discussion held with the Union on 19.05.1995. In terms of clause 2.9 of the said settlement, employees in the Special Selection Grade(SSG) were made entitled to certain reimbursements/allowance equivalent to the lowest Executive Grade as compensation.

The said settlement was made effective from 01.08.1994, for a period of 10(ten) years after approval of the Board of Directors and an inter-Office Memorandum was issued on 24.07.1995, for implementation of the scheme for promotion coming into operation. Thereafter, a tripartite settlement was arrived at between the management of BRPL, BRPL Employees' Union in the presence of the RLC(C), Guwahati, on 25.07.2024, in respect of the promotion policy to be followed in the refinery. The said promotion policy was to be effective subject to the approval of the Board, with effect from 2004 for a period of 5(five) years, or, until a new promotion policy was mutually settled, whichever, was earlier.

In terms of clause 2 of the said settlement arrived at in the matter, the SSG Grade employees upon completion of 6(six) years in the grade, with effect from the cut-off year i.e. 2004, and not promoted to the Executive Grade 'B', would be allowed the following benefits till promotion to the Executive Grade 'B':

(a). Reimbursement of local travel expenses by car up to 70% of the rate as admissible to Executive in Grade 'B'.

(b). A lump sum of Rs. 550/- p.m. as compensating allowance.

The said memorandum of settlement arrived at on 25.07.2004, was amended by another settlement, dated 06.12.2004, wherein, said clause 2 was modified.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1GlMzPow7DaJYVEU2wXcQzPtQIlQyV6oB8dpzE3C4NEH&caseno=WP(C)/7429/2015&cCode=1&cino=GAHC010124692015&state_code=6&appFlag=)

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