1. AWARD The Government Transport Service Labour Union raised certain demands against its employer, the Punjab Road Transport Board. The conciliation proceedings failed on 21-6-1973. The Union preferred a petition under section 32-A of the Industrial Relations Ordinance, 1969, for an award on the said demands. Each demand is discussed below separately.
2. Demand No. 1.-The employees who have been excluded from the benefits of scheme of National Scales of Pay by Notification No. 159-REG-73, dated 26-4-73, be allowed to get benefits of the said scheme.
3. This demand bas already been accepted. The scheme of National Scales of Pay was enforced by the Central Government with effect from 1-3-1972. Its salient features are that all non-gazetted employees were placed in fifteen scales of pay given in the schedule. The pay was fixed in the National Scales of Pay on the 1st March 1972, an Increase formula war applied and increase of the existing basic pay was allowed from 40 % to 10% The policy was so framed that Class IV employees should get an increase of 40% in the existing pay whereas Class I employees should get an increase of 10% of their basic pay. This scheme was adopted by the Punjab Government vide its Notification No. FD (SR-1)-39/70 (Vol.III), dated 2-6-72. The Punjab Road Transport Board have always followed the Punjab Government with respect to the terms and conditions of employment.
4. This scheme was applied by the Board on its employees on 26-4-19'3, with effect from 1-4-1973 The Notification of the Board is Exh. P-5 on record. However, part-the, daily rates, water carriers, sweepers, coolies, rnalies, chowkidars, watchman, head watchman, cook., and rest house attendants were excluded from its application. On 14-6-1973 the Board applied the scheme to those persons also who have been excluded earlier. The Notification is Exh. P-7. The present position is that the scheme of National Pay Scales is applicable to all the employees of the Board. The demand is therefore, accepted.
5. Demand No. 2.-Receipt of house rent may be taken only once because the landlords refuse to issue receipts every month.
6. The Provincial Government has completely changed the policy on this point vide its Notification No. FD/PR-15-1/74 dated 14-11-74. Now no receipt is to be supplied to the Government. Only a certificate that the employee has not been provided with Government accommodation is to be supplied. As the Board has been continuously following the policy of the Provincial Government with respect to the terms and conditions, therefore, the Board is directed to dispense with the procedure of insisting on receipts of house rent. On the other hand the Board must pay house rent to its employees on furnishing certificate that the employee has not been provided with any accommodation by the Board. The demand is accepted in the above terms.
7. Demand No. 3. Personal may be continued.
8. This demand was not pressed. It is rejected.
9. Demand No. 4.--The condition of earring four "Good" reports be done away with and it may be declared that promotion from maximum of the existing pay scale to the next higher scale should be automatic.
10. In the scheme of National Scales of Pay, announced on 8-3-72, it was provided :- "If a Government servant reaches the maximum of National Scale of Pay, and thereafter he is classified at least as "Good" in four consecutive confidential reports and he is not meanwhile promoted to a higher post, he will be allowed the next higher National Scale with effect from Ist of the month of December of the year for which the fourth y consecutive "Good" annual report is earned."
11. The above provisions were adopted by the Punjab Government in -verbatim in its Notification No. FD/SR-1-1-39-70 (Vol. III), dated 2-6-72 and by the Road Tronsport Board in its letter No. 159-REG/73 dated 24-4-73.
12. On the same point a change has been brought by the Railway Administration. In his speach on 20- 7-72, the Railway Minister declared as under :- "One of the special features of the scheme of National Scales of Pay is the almost automatic promotion from one scale to the next. However, at the end of each pay scale an employee is expected to earn four "Good" reports before he can be promoted to the next higher scale. The Railway man have represented to me that the provisions of earning four "Good" reports be done away with. Some others have demanded that the period of four years which is required to elapse before a person can be promoted to the next pay scale should also be done away with. I am happy to announce that the President has been graciously pleased to accept both these demands."
13. The above announcement was implemented by the Railway Board vide its Notification No. E-72- PC-1/2-II, dated 22-7-72. In section 1(2) of this Notification it was laid down: "It has been decided that the condition of awaiting for four years at the maximum of scales for automatic promotion to the next higher scale, will be waived. It has also been decided that the condition of earning four "Good" reports will also be withdrawn."
14. The position of the Railway Administration is that its non-gazetted employees have not to wait for four years after reaching the maximum of their existing scale but their promotion is automatic. I see no reason as to why the employees of the Punjab Road Transport Board should riot enjoy the same benefits as have been allowed to the Railway seen. The duties performed by both the employees are more or less the same. 1, therefore, direct that the condition No. 7 as given in letter No. 159-RE G-73 dated 26-4-74 shall be waived and it shall read; "If an employee drawing pay in the National Pay Scale, reaches the maximum of his scale and is not meanwhile promoted to the higher post, he will be allowed the next higher pay scale with effect from Ist day of the December, of the year in which he has reached the maximum of his scale". The demand is accepted is the above terms.
15. Demand No. 5.-The ad hoc relief which is being given at present be continued. The demand is not accepted. Instead of ad hoc relief the scheme of National Scale of Pay was introduced. No ad hoc relief can be granted in these circumstances. The demand is rejected.
16. Demand No. 6.-,ill the workers who have been terminated, retired or dismissed may be allowed to draw arrears if any arrears accrue to them after fixing their pay in the National Scales of Pay from 1-3-1972. The demand is genuine. Accordingly, it is accepted.
17. Demand No. 7.-All the unskilled workers who receive pay from Rs. 115 to Rs. 125 and whose allowances were discontinued illegally may be fixed in National Scale No. 5 i.e. 150-6-180-EB-8-280.
18. The factual position is that part-the, daily rated, water carriers, sweepers coolies, manes, chowkidars, watchman, head watchman, cooks and rest house attendants fall in the above category of workers. Originally in its letter-dated 26-4-'73, the Board excluded them from the scheme of National Scales of Pay. However, on 11-6-73, they were included in the said scheme. In the schedule attached with the last letter, these employees are shown at No. 28 to 34. Their existing pay scales (i.e. On 1-3-72) are given below :- S. No.Name of category Existing pay scales.
19. No. 28 Peon, Peon Orderly, Ferro65-1-80 Operator.
20. No. 29Daftri70-1-85 No. 30Head Watchman95-3-125 No. 31Watchman90-1-95 No. 32 Chowkidar, Water Carriers,65-1-80 Mali, Coolies, Ward Servant, Cook, Rest House Attendants, Sweepers.
21. S. No.Name of category Existing pay scales No. 33 Oiler, Greaser, Helper.104-1-110 No. 34 Fuel Pump Attendant. 85-2-115 The tragedy with the above category of workers are that their pay was fixed very low and on to occasions the Minimum Wages Board had to fix their monthly salary. Firstly, their monthly salary was fixed in 1964 and thereafter their salary was fixed in 1969. The final position was that in 1969 the montly salary of unskilled workers was fixed as Rs. 125 The Transport Board started to pay them the same pay but excluded them from all fringe benefits. Prior to it they were being paid certain allowances but when the Minimum Wages Board fixed their minimum wages per month, all the allowances were discontinued. Again at the the of fixing their pay in the National Pay Scales, their grades were kept into view but actual pay being received by them was not considered. It was admitted before me by both the parties that none of these workers was receiving less than Rs. 125 on 1-3-72 as the same was the pay fixed by the Minimum Wages Board. 1, therefore, hold that their maximum scale was Rs. 125 on 1-3-72. In A accordance with the formula given in Annexure "A" of letter No. 159-REG-73 dated 26-4-73 all of them must be fixed in National Pay Scale No. 3 i.e., 120-3- 150-EB-5-180 after applying the increase formula. The demand is accepted in the above terms.
22. Demand No. 8 -House Rent to the employees working in sub-offices of the Government Transport Service, Lyallpur, be allowed.
23. This demand was accepted by the Board in its letter No. 169-REG/73 dated 16-8-73. Accordingly this demand is accepted.
24. Demand No. 9.-House Rent at the rate of 30 % of pay may be given. The Board is allowing rent at the rate of 15 % on the basic pay and the same is the policy of the Government. The demand is not genuine. It is rejected.
25. Demands Nos. 10, 11 and 13.-Foreman 1, Foreman II and other workmen may be fixed in grade No. 10, 13 and 9 respectively.
26. The formula given in the schedule has been correctly applied by the Board. The demand is not genuine. It is rejected.
27. Demand No. 14. -Commission per trip, other fringe benefits and allowances may be continued to the traffic staff.
28. The demand has already been accepted by the Board.