U. P. STATE ELECTRICITY BOARD Vs. NATWAR SINGH

JUDGEMENT

(1.) Two questions arise for our consideration in this appeal (1) whether any relationship of master and servant exists between the parties; and (2) whether the workman on reinstatement, is entitled to any particular pay scale and other benefits awarded by the Tribunal.

(2.) The Presiding Officer, Industrial Tribunal (4), U.P., Agra after going through the material on record came to the conclusion that the respondent workman was appointed by the then Executive Engineer as chowkidar in the Store Department. He considered the evidence led by the workman vis-a-vis that of the management and came to that conclusion, which finding has been confirmed by the High Court and we find no reason to interfere with the said question. Consequently, the respondent workman is entitled to reinstatement in the same post as he was working on the date of his termination.

(3.) However, the Industrial Tribunal in the operative portion of the order, while directing the reinstatement, held that the workman is entitled to reinstatement with full back wages and all service benefits from 16.12.1989 as if he was in continuous service. It further directed that he be paid full emoluments in the pay scale of Rs. 900-1190 from 1.04.1989 to 16.12.1989 and he should be paid full pay admissible to him as chowkidar in the scale of Rs. 900.00 to 1190 with all admissible allowances and from the date of completion of three years of service he had to be given all increments due to him and be appointed on a regular basis.