(1.) This petition is directed against the judgment and award dated 11.05.2005, delivered by the Industrial Tribunal, Rajkot in Reference I.T.No.214 of 1998, whereby the learned Tribunal has directed the original petitioner (Respondent herein) to be given all the benefits of the establishment Circular No.446 dated 14.02.1985 of the erstwhile Gujarat State Electricity Board (Board for short).
(2.) Respondent joined services of erstwhile GEB as Nominal Master Roll herein after referred to as 'NMR') on 06.11.1981 and continued to work till 1995. In pursuance to a settlement dated 14.01985 arrived at, by the Board with GEB Union, it was resolved that all NMR employees working in the Board, who, on 01.04.1983, have completed 240 days of continuous service in each of the preceding four years on 01.04.1983, or would complete such continuous service as on date subsequent to 01.04.1983, shall be deemed to be in permanent and regular service in the prescribed time scale, according to the nature of work. As the petitioner had completed 960 days and fulfilled the above condition, he was absorbed and regularized as Helper on 21.08.1995.
(3.) It was grievance of the petitioner that before regularization in the year 1985, he has worked as Pay Calculator and as such, he should have been given the pay scale of Junior Assistant rather than that of Helper. Accordingly, Respondent-workman raised Industrial Dispute seeking pay for the post of Junior Assistant and consequential benefits from the date of reference i.e. 211.1998 till realization with running interest at the rate of 6% per annum within three months.