SUPERINTENDING ENGINEER, TRIVANDRUM CENTRAL CIRCLE Vs. BRANCH SECRETARY, CPWD MAZDOOR UNION, THIRUVANANTHAPURAM AND ORS.

JUDGEMENT

(1.) This writ petition is filed by the Superintending Engineer, CPWD, Thiruvananthapuram challenging an award in an industrial dispute raised by the Union. Ext.P1 is the award. The dispute that was referred for adjudication is as follows:

(2.) Answering the reference, the Industrial Tribunal found that the worker, the third respondent herein, namely, Sri.K.Raveendran is entitled to the scale of pay in the post of Lab Assistant with effect from 17.4.1995. However, it is held that Raveendran is not entitled to regularization unless the post is sanctioned by the Department and he selected to the post. This award was taking note of the functions discharged by K.Raveendran as Lab Assistant. Thereafter, based on the award, K.Raveendran filed a claim petition. That was also allowed as per the order in C.P.No.59/2006. By an amendment to the writ petition, a challenge was also laid against the order passed under Section 33 C (2) of the Industrial Disputes Act, 1947. Since it is a consequential order, the validity of that order would depend upon the decision of this Court in relation to the challenge laid against the award in the industrial dispute.

(3.) K.Raveendran joined in the service of CPWD as NMR Carpenter on 9.12.1985. He was confirmed in the service as an unskilled worker (Beldar) on 1.3.1993. Thereafter, he was transferred to Quality Control Section Thiruvananthapuram, by the Superintending Engineer, Thiruvananthapuram, with effect from 10.4.1995. According to K.Raveendran, he was performing the duties of Lab Assistant and he has all necessary qualifications to be a Lab Assistant. K.Raveendran claimed that he should be regularized as Lab Assistant with effect from 17.4.1995. The petitioner contended that there is no post of Lab Assistant in Quality Control Section. According to the petitioner, K.Raveendran was transferred as Beldar and not as Lab Assistant to the Quality Control Section. The Industrial Tribunal considered the issue with reference to the function discharged by K.Raveendran noting that there is no other person in the quality service other than Assistant Engineer and the nature of the duties discharged by Raveendran, it came to a conclusion that Raveendran was discharging the duties of the Lab Assistant. It was also found that he is having requisite qualification. It was noted that K.Raveendran was conducting various tests of building materials. The Assistant Engineer also admitted that K.Raveendran assisted him in conducting quality test. Thus, on appreciation of the evidence, it was found that K.Raveendran was discharging the duties of Lab Assistant. However, taking note of the fact that there was no post sanctioned as Lab Assistant, the Tribunal declined the prayer of K.Raveendran for regularization and directed the petitioner to pay the scale of pay applicable to Lab Assistant with effect from 17.4.1995. Having gone through the award, I find no reason to interfere with the award in as much as that the same was rendered on appreciating evidence. K.Raveendran discharged the duties of Lab Assistant. His labour cannot be extracted on paying the scale of pay applicable to the Belder. If a person discharges the duties that applicable in higher scale of pay, certainly, his pay should be at par with the pay applicable in such scale. What was directed to pay K.Raveendran is the pay scale applicable to Lab Assistant. There was no direction to appoint him in the post of Lab Assistant. In such circumstances, this Court finds no merit in this writ petition. Accordingly, it is dismissed. No costs.