UP SRTS Vs. ASHOK KUMAU SINGH

JUDGEMENT

(1.) In this writ petition, the petitioner is assailing the award of the Labour Court dated 15.12.19997.

(2.) Facts of the case, in brief, are that the respondent no. 1 claimed that he was appointed as Conductor and worked as such from 15.11.19978 to 25.6.1986. Thereafter he is stated to have worked on the post of Office Assistant Grade II. He claimed the post of Assistant Grade II as well as salary thereof and when the same was denied by the petitioner department, the respondent no. 1 raised an industrial dispute which was referred to the Labour Court by the reference letter dated 20.9.1995 under section 4-K of the U.P. Industrial Disputes Act, 1947 ( the Act of 1947). The question referred was "as to whether the non payment of salary as well as designation and seniority of the post of Office Assistant Grade II by the employer petitioner to Shri Ashok Kumar Singh-respondent no. 2 for the period from 15.11.1978 to 26.6.1986 is valid in law and if not what relief he is entitled to".

(3.) On this reference an Adjudication Case No. 356 of 1995 was registered. The contention of the petitioner before the Labour Court was that the respondent no. 1 worked as Conductor from 1.9.1979 to 25.6.1986 and thereafter he worked continuously on the post of Office Assistant II, therefore, he was not entitled to the salary of the post of Office Assistant II for the period from 15.11.1978 to 26.6.1986. However, from a perusal of the impugned award dated 15.12.1997 it will be seen that in paragraph 5 thereof, the Labour Court has himself recorded a finding that the workman in his cross examination has admitted that from 11.11.1978 till 31.8.1979 he worked as a daily wager Conductor. The Labour Court has also noted that in February, 1980 he has worked and then worked from 1981 to 1983 in the months of July and August, but in the year 1984 and 1985 he has not worked. The Labour Court by its award dated 15.12.1997 has, however, held that the respondent no. 1 has worked on the post of Office Assistant II and that he is entitled to the salary as well as designation and seniority of the said post.