D J DAVIDRAJ PANCHAMONI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) WRIT Petition No. 18894 of 1996 has been filed by the petitioner praying for the issuance of a Writ of Certiorari to call for the records relating to C. P. No. 213/1992 on the file of the first respondent and to quash the same whereas Writ Petition No. 18900 of 1996 has been filed by the same petitioner praying for the issuance of a Writ of Certiorarified Mandamus to direct the respondents to reconsider the petitioner's claim for refixation in the scale of pay at Rs. 260-430 from that of the scale fixed at Rs. 225-308 for the period between 1. 1. 1973 to 2. 3. 1980 with consequential benefits therefor.

(2.) TODAY when the Writ Petitions were taken up for consideration in the presence of the learned counsel for the petitioner and the second respondent, what comes to be known is that the petitioner joined in the second respondent Port Trust on 1. 8. 1963 as Class IV employee; that he had passed SSLC; that on 22. 2. 1965, he was promoted as Ferro Printer; that his basic pay was fixed at Rs. 110-3-131; that in 1962 the Second Pay Commission has fixed two pay scales viz. , Rs. 110-3-131-4-175-5-180 and 110-4-170-5-200; that the said pay scale was not given to the petitioner; that subsequently, on the recommendation of the Ministry of Shipping and Transport, SSLC has been prescribed as the qualification for the post of Ferro Printer vide letter dated 31. 12. 1968; that even then the petitioner was not paid the second Pay Commission pay scale; that on 1. 4. 1974 the Third Pay Commission fixed five types of time scale of pay, which came to force from 1. 1. 1973; that the time scale of pay Rs. 260 430 fixed by the Third Pay Commission for the SSLC qualification has not been paid to the petitioner; that the petitioner's association has requested the management to fix the said time scale of pay for Ferro Printer; that the management conducted Joint Council Meeting on 10. 4. 1974, 17. 12. 1975, and 25. 8. 1976 pursuant to the request of the association; that the petitioner has forwarded a representation dated 17. 12. 1977 seeking time scale of pay according to the Third Pay Commission's recommendation, for which the respondent has replied that the Ministry has not accepted vide letter dated 17. 4. 1978; that the petitioner's association raised an Industrial Dispute before the Assistant Labour Commissioner (C), Ernakulam; that as no settlement could be reached, failure report was submitted to the Ministry of Labour in December 1978 by the Assistant Commissioner; that the Ministry of Labour invited comments from the Ministry of Shipping and Transport; that the Ministry of Labour vide Letter No. L44012 (1) 78 DIV (A) dated 28. 7. 1979 decided not to refer the dispute for adjudication. In other words, the Government of India had declined to refer the matter to concerned Industrial Tribunal and by the letter dated 26. 1. 1984 of the Assistant Labour Commissioner Grade-I, it was stated that he may approach the Labour Court for his remedy. However, the Labour Court dismissed the Claim Petition. Aggrieved over the order of the dismissal of the Claim Petition, the petitioner has come forward to file the present Writ Petition.

(3.) LEARNED counsel appearing for the petitioner would submit that the petitioner has filed the above two Writ Petitions viz. , one is against the award of the Labour Court and the other is against the order of refusal of the management for fixing the time scale of pay in accordance with the Pay Commission as extracted above.