K R SAHU Vs. STATE INDUSTRIAL COURT INDORE

JUDGEMENT

(1.) THE petitioner was appointed as Electrician in the construction work of the Bhilai Steel Plant on work-charge establishment in the scale of Rs. 60-3-90 with effect from 30. 11. 1957. Later, by an order passed by the General Manager of the Bhilai Steel Plant (respondent No. 3), the petitioner was absorbed as an Electrician in the regular establishment with effect from 6-2-1959 and was posted to work in the Distribution Network. The determination of petitioner's scale of pay and designation was, however, deferred. The petitioner actually started working in the regular establishment from 6-2-19 9. By an order ( Annexure-A ), dated 30-6-1960, passed by respondent No. 3, the petitioner was designated as Electrician and was posted as Switch Board Operator in the scale of Rs. 80-5-120. By this order, this scale of pay was made admissible to the petitioner with effect from 1-7-1960. Shri V. N. Joshi (respondent No. 4) was also initially recruited on the work-charge establishment and was later absorbed as Electrician in the regular establishment with effect from 25 11-1959. In the revised seniority list of the distribution Network Department published in March 1964, Shri Joshi, respondent No. 4, is shown at serial No. 5 and the petitioner is shown junior to him at serial No. 13.

(2.) THE petitioner claimed that he was entitled to draw his salary in the scale of Rs. 80*5-120 from 6-2-1959 and was accordingly entitled to be placed above respondent No. 4 in the seniority list of Electricians. He approached the General Manager (respondent No. 3) for redress of his grievances and on failure to arrive at any agreement filed an application under section 31 (3) of the M. P. Industrial Relations Act, 1960, before the Labour Court for the above relief. That application was dismissed by the Labour Court and a revision filed by the petitioner before the Industrial Court also met with the same fate. The petitioner then approached this Court against the orders of the Labour Court and the Industrial Court. This Court in Miscellaneous petition No. 384 of 1971, decided on 19-2-1972, quashed the order of the industrial Court and remanded the case to that Court for reconsidering the matter according to law. On remand from the High Court, the Industrial court by order, dated 23 11-1972, again dismissed the petitioner's revision holding that the petitioner could not justify his claim either for payment of salary from 6. 2. 1959 in the scale of Rs. 80-5-120 or for his seniority. The petitioner has again come to this Court against the orders of the Industrial court and the Labour Court.

(3.) BEFORE us, learned counsel for the petitioner reiterated his two grievances made before the labour Court and the Industrial Court, namely, that he was entitled to draw his salary in the grade of Rs. 80-5-120 from 6-2-1959 and was also entitled to count his seniority from 6-2-1959 in the department of Distribution Network as Electrician.