GUJARAT STATE ELECTRICITY CORPORATION LIMITED Vs. GUJARAT ELECTRICITY EMPLOYEES UNION THRO OFFICE BEARER

JUDGEMENT

(1.) Heard Mr. Hasurkar, learned advocate for the petitioner electricity company and Mr. Upadhyay, learned advocate for the respondent union / concerned workmen.

(2.) The petitioner electricity company has challenged award dated 21.2.2002 passed by the learned Industrial Tribunal at Nadiad in Reference (ICL) No.426 of 1998 (Old No.196 of 1994) whereby the learned Industrial Tribunal has directed the petitioner electricity company to grant all consequential benefits to the concerned workman (original claimant) by considering him in category of Switch Board Attendant, Grade I w.e.f. 18.8.1970 and in category of plant cadre w.e.f. 8.8.1975 and to grant benefit of GSO 43 w.e.f. 28.8.1984.

(3.) It has emerged from the record and from the submissions by learned advocates for the petitioner and the respondent that the respondent union sponsored the claim and dispute of the concerned workman (original claimant) with the allegation that the benefits of appropriate pay scale were not granted to the concerned workman at the time when he was eligible for appropriate pay scale, whereas the persons junior to him were granted such benefit and that, therefore, the mistake and arbitrary decisions should be corrected and necessary direction to grant appropriate pay scale to the concerned workman from the date when he became eligible for such scale may be passed. The appropriate Government referred the dispute vide order of reference dated 30.5.1994 for adjudication to the learned Industrial Tribunal at Ahmedabad. By the said order of reference, the appropriate Government referred below quoted issues for adjudication: