BRAJA SUNDAR PATNAIK Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) The petitioner was appointed on 1.4.1986 in the post of Junior Stores Assistant under M/s. Orissa Drugs and Chemicals Ltd. He was fitted in the scale of Rs. 310-7-345-8-385-EB-10-515/-. He raised a dispute and claimed scale of pay Rs. 715-1135/-, which is at par with that of Junior Accounts Assistant. The conciliation having been failed, the State Government in exercise of the powers conferred upon it under Sections 10 and 12 of the Industrial Disputes Act referred the dispute to the Labour Court, Bhubaneswar. The reference reads as follows :

(2.) After receiving the reference, the Labour Court registered the same as I.D. Case No. 189 of 1991. The petitioner-workman in his statement has clearly admitted that in consonance with the advertisement issued, he had applied for the post of Junior Stores Assistant and after facing the interview, he was selected and was appointed as Junior Stores Assistant at the scale of Rs. 310-515/-. It is also submitted that the quality and quantity of works, responsibility and accountability of the post of Junior Stores Assistant are quite different from the post of Junior Accounts Assistant. The Management filed its objection denying the claim made by the petitioner.

(3.) The labour Court after perusing the evidence adduced by both the sides and other documents as well as the pleadings came to the conclusion that the pay scales prescribed by the Ministry of India, Government of India are not available in the Orissa Drugs and Chemicals Ltd. and the Management had prescribed their own pay scales looking into the recommendation of the High Power Committee. It has also come to the conclusion that the petitioner was holding the post of Junior Stores Assistant and in consonance with the scale adopted by the Management he was receiving the salary in the scale of pay of Rs. 310-515/-. It was further held that the work discharged and the responsibility fixed upon the Junior Accounts Assistant were much onerous and could not be equated with that of the Junior Stores Assistant. With the aforesaid observation, the Presiding Officer, Labour Court answered the reference in negative and held that the claim of the petitioner, who is holding the post of Junior Stores Assistant to get the scale of pay of Rs. 715-1135/- at par with the scale of pay Junior Accounts Assistant, is neither legal nor justified. The said award is impugned in this writ application.