SHARDA CHIMANBHAI LALBHAI Vs. DINESH MOHANBHAI PRAJAPATI

JUDGEMENT

(1.) RULE. Learned Advocate Mr.Prashant B.Sharma waives service of Rule on behalf of the respondent.

(2.) This petition under Article 226 /227 of the Constitution of India is filed against award dtd. 9/3/2017 passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.70 of 2009. By the impugned award, the Tribunal has directed the petitioner to grant the respondent-workman differential amount in salary by treating the respondent-workman to have worked as a Telephone Operator in place of Ward-boy. The petitioner before this Court is a Municipal General Hospital through its President.

(3.) Learned Advocate for the petitioner submitted that the respondent was appointed as a Ward-boy, which is a Class-IV post and has continued to work as a Ward-boy in Class-IV post. However, in due course of administration and as interest was expressed by the respondent, in time of necessity, the respondent was given work of Telephone Operator, which was on certain occasions, when either post was vacant or the appointed Telephone Operators were on leave or unavailable.