SHANTI SWAROOP SAXENA Vs. STATE OF M.P

JUDGEMENT

(1.) PETITIONER has challenged the order, Annexure P -1, dated 1.9.2004 to the extent the respondents have directed that despite classification on permanent post of electrician, the petitioner will only get consolidated pay and allowances as per the Minimum Wages Act.

(2.) CRITICIZING this order, Shri Alok Sharma submits that the petitioner preferred an application under Section 31(3) of M.P.Industrial Relations Act, 1960 (for short, the "MPIR Act") before the Labour Court. The Labour Court in Case No. 21/97 (Annexure P -2) passed the judgment on 6.5.1999 and directed that the petitioner be declared classified on permanent post of electrician. The difference of wages of classified post be paid w.e.f. 14.1.1995. The State unsuccessfully challenged this order of Labour Court by filing Appeal No. 207/MPIR/99 before the Industrial Court. The Industrial Court by order dated 29.3.2004 (Annexure P -3) disposed of the appeal by little modification. The Industrial Court directed that the present petitioner is entitled to be treated as permanently classified as electrician w.e.f. 14.1.1995. Thus, it be directed that the petitioner is entitled to get difference of pay of the permanent post w.e.f. 14.1.1995.

(3.) PRAYER is opposed by the other side. Smt. Sangita Pachauri, learned Deputy Government Advocate. By taking this Court to the return, she submits that the orders of Labour Court and Industrial Court are bad in law. She submits that in similar matters the different view is taken by the Court.