KANPUR JAL SANSTHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.M. Saggi, learned counsel for the petitioners and Sri Rajesh Tiwari, learned counsel for the respondent no. 3.

(2.) The petitioner is seeking quashing of the award dated 25.6.1998 passed by the Labour Court in Adjudication Case No. 218 of 1991.

(3.) Briefly stated the facts of the case are that the respondent no. 3 initiated proceedings before the State Government claiming that he shall be given the benefit of the post of Laboratory Assistant. The State Government referred the dispute to the Labour Court, which was registered as Adjudication Case No. 218 of 1991. The reference was as to whether the conduct of the petitioner department in taking the work from the respondent no. 3-workman of the post of Laboratory Assistant and not giving him the designation and the scale of pay of that post was valid? The case of the respondent workman was that he was appointed in the Kanpur Jal Sansthan on 16.2.1981 on the post of Beldar but the work of Laboratory Assistant was being taken from him. He also claimed that he had the qualification of B.Sc. (Biology) which is the requisite educational qualification prescribed for the post of Laboratory Assistant. The contention of the respondent no. 3 workman is that he has been working on the post of Laboratory Assistant w.e.f. 1.1.1985. The Labour Court by the impugned award has allowed the claim of the respondent no. 3 workman and held that the respondent workman shall be paid the salary/wages of the post of Laboratory Assistant w.e.f. 1.1.1985.