MADHYA PRADESH ELECTRICITY BOARD Vs. VIJAY KUMAR VISHWAKARMA SHRI MOTILAL VISHWAKARMA THE PRESIDING OFFICER

JUDGEMENT

(1.) BY this petition under Articles 227 of the Constitution of India, the petitioner is challenging the validity of impugned order Annexure P/1 dated 8. 12. 2000 passed by Industrial Court bench at Jabalpur in Case No. 99/mpir/2000/appeal whereby the order passed by the Labour Court, Jabalpur in case No. 322/96/mpir dated 23. 2. 2000 has been affirmed.

(2.) AN application under Section 31 (3) of M. P. Industrial Relations, Act, 1960 (hereinafter referred to as the Act) was submitted by the employee ;that vide order dated 6. 2. 1980 he was appointed on workcharge establishment as Line Attdt. Grade III in the pay scale of Rs. 290-435 plus dearness allowance. Further vide order dated 27. 4. 1984 he was redesignated as temporary Line Attdt. Gr. II in the pay scale of Rs. 415-560 plus usual allowance. In para 4 of the application Annexure P/3 filed before the Labour Court it has been specifically pleaded by the employee that he was appointed as NMR in 1979 but from the date of initial appointment the work of welder is being taken from him in the Workshop Division. In para 5 of the application it has been pleaded that as per the Board's Memorandum No. G/ii/2506 dated 22. 7. 1960 the post of Welder is a Class III post and its required qualification is that a candidate should have studied up to matric or at least should possess working knowledge of English for taking don reading and drawing etc. and the candidate must be a good welder with at least 5 years experience both in electrical and gas welding and be capable of carrying on welding job in all positions in a Power Station.

(3.) IT is no more in dispute that a settlement was arrived between the Board and the representative Union in terms of Section 33 of the Act in regard to revision of pay-scale of class III and class IV employees and in pursuance to that settlement order No. 135 dated 3. 11. 1989 was issued by the Board. The registered agreement has been placed on record as annexure R/3. Clause 4. 31 of the settlement reads thus: Appointment to the post of Testing Assistant Gr. II, Plant Asstt. Gr. II persons having educational qualification of HSSC plus ITI (2 year course) will be considered for appointment to the post of Plant Asstt. Grade II or equivalent post in Generation side. For non-matric ITI and HSSC, working on lower post than that of plant Asstt. Gr. AII minimum years of experience will be prescribed in consultation with Federation.