GUJARAT ELECTRICITY BOARD Vs. DOORSING A MAKWANA

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner-Gujarat Electricity Board has prayed for an appropriate writ, direction and order quashing and setting aside the impugned judgment and award dated 12.4.1993 passed by the Industrial Tribunal, Ahmedabad passed in Reference (IT) No. 111 of 1988 by which the Tribunal has allowed the said Reference by directing the petitioner to pay the salary in the pay-scale of Heavy Vehicle Driver to the respondent w.e.f. 5.3.1988.

(2.) The facts leading to the present Special Civil Application in nutshell are as under: 2.1 The respondent was serving as a Heavy Vehicle Driver. It appears that he was not keeping good health, he submitted the application before the appropriate authority along with medical certificate to give him light work and same has duly considered by the petitioner and by order dated 4.7.1984 the petitioner was given the duty as light vehicle driver in the pay scale of Rs.315-877. The said order was further modified vide order dated 17.7.1984 putting the respondent in the salary of Rs.551/-. That thereafter, after a period of 4 years, the respondent raised the industrial dispute alleging inter alia that petitioner has reverted the respondent to the post of Light Vehicle Driver. The Tribunal by judgment and award dated 12.4.1993 partly allowed the said Reference by further directing the petitioner to pay the pay scale of Heavy Duty Vehicle to the respondent w.e.f. 5.3.1988 solely on the ground that unless the respondent was declared as unfit he could not have been reverted to the post of Light Vehicle Driver. Being aggrieved and dissatisfied with impugned judgment and award passed by the Industrial Tribunal dated 12.4.1993 passed by the Industrial Tribunal, Ahmedabad passed in Reference (IT) No. 111 of 1988, the petitioner has preferred the present Special Civil Application under Article 227 of the Constitution of India.

(3.) Shri Joshi, learned advocate for the petitioner has submitted that as such there is no question of reverting the petitioner to the post of Light Vehicle Driver on the ground that the respondent was unfit. It is submitted that as such the respondent himself submitted an application to give him light work as he was not keeping good health and consequently said application came to be considered by the petitioner and respondent was given work of Light Vehicle Driver. Therefore, it is submitted that there was no question of declaring the respondent unfit as he himself submitted application. It is submitted that even the industrial dispute was raised by the respondent after a period of four years. It is submitted that if the respondent would have any grievance, he would have immediately raised an industrial dispute putting him in the pay scale of Light Vehicle Driver. Therefore, it is requested to allow the present Special Civil Application.