NAGAR PALIKA PARISHAD Vs. PRESCRIBED AUTHORITY AND ORS.

JUDGEMENT

(1.) PRESENT petition is filed assailing the award dated 23.08.2003, passed by Industrial Tribunal, Haldwani. Undisputedly, respondent No. 2 was appointed as Toll Moharrir/Peon on 11.11.1962 in the petitioner Nagar Palika. Vide order dated 13.11.1980, respondent No. 2 was directed to discharge the duties of Tax Inspector as well; by an order dated 13.07.1981, respondent No. 2 was directed to assist the then Tax Inspector in discharging his volume of work; vide orders dated 18.07.1981, order dated 13.11.1980 and order dated 16.07.1981 were recalled; respondent No. 2 was reverted to his original post i.e. Toll Moharrir; post of Tax Inspector in the Municipality was declared Centralized Service on 27.09.1984.

(2.) LEARNED Tribunal in the impugned award has observed that since respondent No. 2 was asked to discharge the duties of Tax Inspector, therefore, he should be paid salary of the Tax Inspector and should be given designation and pay -scale of the Tax Inspector.

(3.) THIS Court in Special Appeal No. 191 of 2010, State of Uttarakhand and others v. Sri Pratap Singh Bhauriyal decided on 26.10.2010, has held as under: