(1.) PETITIONER , Bhavnagar Municipal Corporation, has, in this petition, challenged the legality of award dated 10.3.2003 passed by the learned Presiding Officer, Industrial Tribunal, Bhavnagar. By such judgment, the learned Tribunal was pleased to allow reference of the respondents-workmen and ordered that they shall be granted pay scale of Rs.260-400 and should be granted consequential benefits of 5th Pay Commission recommendation on such basis.
(2.) RESPONDENTS -workmen were initially engaged on daily rate basis for the work of a post called "Key Man". Their services were regularized by passage of time. Upon regularization, they were placed at Rs.210- 270 (pre-revised), as per the settlement between the Corporation and the workers.
(3.) ON the other hand, employer-Corporation, opposed the prayer on the ground that the workmen were regularized on the post of "Key Man". They were placed in the correct scale of Rs.210-270. With the experience, educational qualification, etc. required, for different posts being vastly different, the pay scales of such posts cannot be compared. They also did not agree that the nature of work in such post was similar.