U.P.STATE ROAD TRANSPORT CORPORATION,DEHRADUN AND ANR. Vs. PRESIDING OFFICER,LABOUR COURT,DEHRADUN & ANR.

JUDGEMENT

(1.) THESE petitions have been filed on behalf of the U. P. State Road Transport Corporation (for the sake of brevity ('Corporation') under Article 227 of the Constitution of India against the three awards passed by the Labour Court, Dehradun whereby directions were issued that the workmen concerned be given designation of Clerk and to pay the pay scale thereto.

(2.) BRIEF facts in all the three petitions are more or less similar. In each petition the workman (respondent No. 2) got referred disputes to the Labour Court, Dehradun through appropriate Government for decision on the question if the workmen (concerned) are entitled to the designation of the Clerk and the pay-scale thereto. Mr. Arun Singh Kushwaha, represented by respondent No. 2, a Union of the Roadways employees, in Writ Petition No. 184 (M/S) of 2002 was a Driver in the petitioner's Corporation, whose services were utilized to meet casual exigencies on the clerical post. However, it is alleged in the petition that Mr. Arun Singh Kushwaha did not undergo any selection process as per the rules for clerical job nor the post of Driver was interchangeable with that of a Junior Clerk. In fact, the post of Driver is that of Class IV. It is alleged in the petition that the Corporation was well within its jurisdiction to take clerical work from the said Driver in pursuance to the circular letter dated 9-3-1994 (copy Annexure-1 in W. P. No. 184 (M/S) of 2002). It is further alleged in the petition that by merely taking clerical work from a Driver he does not become entitled to the post and pay scale of the Junior Clerk and Award in favour of the workman is against the law.

(3.) THE petitions were contested by respondent No. 2, Roadways Employees Union and counter-affidavit is filed on its behalf. In Petition No. 184 (M/S) of 2002, the maintainability of the petitions have been challenged on the ground that the workmen have not been impleaded as parties. It is admitted that the respondent No. 2, Roadways Employees Union has taken up the cause of the workmen in each of the petitions and got it referred to the labour Court. It is further stated in the counter-affidavit (in Writ Petition No. 184 (M/S) of 2002) that the workman, Arun Singh Kushwaha was appointed as Driver on 6-3-1991 and soon thereafter clerical work was taken from him under written orders of the Assistant Divisional Manager of the Corporation and by the time the reference was made the workman had already worked on ministerial side for more than six years. The order of labour Court has been defended in the counter-affidavit as lawful. Similar counter-affidavit has been filed in Writ Petition No. 602 (M/S) of 2002 by Pawan Kumar Goyal, workman (Helper) himself and in Writ Petition No. 604 (M/S) of 2002 by Ramesh Kumar Sharma, workman (Cleaner).