1 W.P.NO.5035/10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5035 OF 2010 The Municipal Corpn. Of Gr. Mumbai ... Petitioner v/s Mumbai Mahanagarpalika Karyalayeen Karmachari Sanghtana ... Respondent Mr.S.S.Pakale a/with Mr.M.M.Malvankar i/by Smt.V.K. Khatu for the petitioner. Mr.P.S.Devdas for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 26TH JULY, 2010 P.C.: 1. The award of the Industrial Tribunal in Reference (IT) No.39 of 2007, dated 26.2.2010 has been challenged by the Municipal Corporation in this petition. The demands referred for adjudication were as follows:- “1. All the commandos working in the Special Task Force should be paid wages at 1 ½ times more of wage scales and allowances of Security Guards with effect from their duties of appointment of commandos. 2. All the commandos working in the Special Task 2 W.P.NO.5035/10 Force should be made permanent to the post of Commandos. 3. No further examination of Commandos be conducted. 4. Vacant posts in Special Task Force should be filed in from Zebra Force.” 2. The Tribunal has disallowed Demand Nos.3 and 4. Demand No.1 is in two parts, seeking an increase of one and a half times of the wage scale and of other allowances. The Tribunal has disallowed the increase in the wage scales. However, it has granted the increase in the special allowance from Rs.225/- to Rs.750/-. With respect to Demand No.2, the Tribunal has granted that demand and held that the Commandos working in the Security Guards Special Task Force should be made permanent in that department on the post of Commandos. 3. As regards the 1st demand, the Tribunal has unfortunately not discussed in detail as to how it has quantified the allowance at Rs.750/-. The only allowance which the Tribunal appears to have taken into consideration is the special allowance which has been increased to Rs. 750/-. A purely mathematical calculation would indicate that Rs.750/- is not one and a half times of Rs.225/-. Therefore, it is difficult to appreciate how the Tribunal has arrived at 3 W.P.NO.5035/10 this ]figure. Assuming the Tribunal was inclined to grant an increase in the allowance, it was necessary for the Tribunal to ascertain which allowance should be increased if at all or whether all allowances should be increased and at what rate. 4. As regards the second demand regarding the permanency of the Commandos in the Special Task Force, in my opinion, the Tribunal has not committed any error. The Special Task Force has admittedly been formed for a special purpose. The security guards engaged there are selected after meeting the standards set by the Corporation. They are trained to work as a Special Task Force to carry out certain special assignments of the Corporation. Therefore, in my opinion, the Tribunal has not erred in directing that they be continued in the Special Task Force. The very purpose of having of Special Task Force is to meet the emergencies and exigencies which could be faced by the City of Mumbai. Therefore, the Tribunal was right in directing those who have been selected for the Special Task Force must be continued in their posts. 5. The petition is disposed of by the following order :- 4 W.P.NO.5035/10 (i) The award with respect to Demand No.1 i.e. all the commandos working in the Special Task Force should be paid wages at one and a half times more of wage scales and allowances of Security Guards with effect from their duties of appointment of commandos, is set aside. The Tribunal will consider the same demands, afresh. The Tribunal shall pass an award in respect of this demand within six months from today. (ii) The award with respect to Demand No.2 is confirmed. ..... 5 W.P.NO.5035/10