KANPUR ELECTRICITY SUPPLY CO. LTD. Vs. DEEPAK SIKRORIA

JUDGEMENT

(1.) THIS writ petition was initially fixed by the Uttar Pradesh State Electricity Board through Kanpur Electricity Supply Administration. However, during pendency of the writ petition, there was reorganisation of the Electricity Board, therefore, with the permission of the Court, Kanpur Electricity Supply Company Limited through its General Manager has been substituted as the writ petitioner. The writ petition is directed against the order and award of the Labour Court (I), U.P., Kanpur dated 15th December, 1997 passed in Misc. Case No. 115 of 1997, in proceedings under section 33C(2) of the Industrial Disputes Act, 1947, whereby the respondent No. 1 has been awarded an amount of Rs. 1,38,251/ - as arrears of difference of pay in the pay scale of Stenographer Selection Grade with effect from 1st April, 1984 to 30th April, 1997.

(2.) THE essential facts, as averred by the petitioner, are that the respondent No. 1 -workman was initially appointed as Stenographer in the establishment of the petitioner on 16th November, 1976. In the year 1980, he raised an industrial dispute, being Adjudication Case No. 105 of 1980, claiming pay scale and designation of the Stenographer Selection Grade. The Labour Court allowed his claim. Aggrieved by the said order, the petitioner preferred Special Leave to Appeal (Civil) No. 6468 of 1981, which was dismissed by the Supreme Court and the award of the Labour Court was upheld. It is stated that in compliance of the order of the Supreme Court and the Labour Court, the petitioner vide order dated 31st October, 1985 implemented the award of the Labour Court and the respondent No. 1 was given the pay scale of Rs. 610 -955, as revised from time to time. A copy of the order dated 31st October, 1985 has been brought on record as Annexure -1 to the writ petition. It is further stated that the respondent No. 1 was also given benefit of the Board's order dated 28th August, 1995, whereby pay scale of Rs. 610 -955 was revised to Rs. 1650 -2690. It is also stated that the respondent No. 1 was given all his dues in terms of the award of the Labour Court passed in Adjudication Case No. 105 of 1980.

(3.) WHEN the demand of respondent No. 1 for the pay scale of Rs. 1850 -2930 was not accepted, he moved an application under section 33C(2) of the Industrial Disputes Act, 1947 (for short, the "Act, 1947") on 29th May, 1996, which was registered as Misc. Case No. 123 of 1996, before the Labour Court (I), U.P. at Kanpur. By means of said application, the respondent No. 1 claimed that he was entitled to the pay scale of Rs. 1850 -2930 with effect from 1st April, 1984 and Rs. 2225 -3500 with effect from 16th November, 1992 and thus, the amount due to him was Rs. 84,795.50. A true copy of the application of the petitioner filed under section 33C(2) of the Act, 1947 is on the record as Annexure -6 to the writ petition. Subsequently, the respondent No. 1 moved a fresh application under section 33C(2) of the Act, 1947 claiming a sum of Rs. 1,38,251/ -, on the basis of fresh calculation, along with 18% interest. This application was registered as Misc. Case No. 115 of 1997. A copy of the said application has been brought on record as Annexure -7 to the writ petition. Against the application so moved by the workman, the petitioner filed its objection. Before the Labour Court, the petitioner got examined one Sri Ramesh Babu Sharma. A copy of his statement is Annexure -10 to the writ petition. The Labour Court by the impugned order dated 15th December, 1997 has found that the claim of the respondent No. 1 is justified and accordingly, allowed the application of the petitioner, being Misc. Case No. 115 of 1997, and the petitioner has been directed to pay the respondent No. 1 a sum of Rs. 1,38,251/ - within two months.