BHAKRA BEAS MANAGEMENT BOARD, CHANDIGARH Vs. PRESIDING OFFICER, CENTRAL GOVT. LABOUR COURT, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) In both these Letters Patent Appeal Nos. 4 of 1998 and 416 of 1997, the challenge is to the common judgment of the learned single Judge dated 1.4.1997 passed in CWP Nos. 7121 of 1987 and 3291 of 1988. The learned single Judge had dismissed both the writ petitions viz. CWP No. 7121 of 1987 filed by the Bhakra Beas Management Board and CWP No. 3291 of 1988 filed by 17 workmen against the order of the Labour Court dated 19.9.1985.

(2.) The facts leading to the filing of the present appeals are that Iqbal Singh and 36 other workmen filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') before the Labour Court for refixation of their pay. It was alleged in the application that the workmen had joined as fitters etc., on work-charge basis in the then Punjab State Electricity Board (for short 'the PSEB') and by virtue of Section 79(4) of Punjab Reorganisation Act, 1966 they were made to join Bhakra Beas Management Board (for short, 'the Board') with effect from 1.11.1966 as the services of the workmen along with other employees were taken over by the Board. It is thus claimed that on the revision of the pay-scales from 1.6.1967 by PSEB, the Board which used to follow and grant the pay-scales and other facilities which were granted to the employees of the PSEB, should have granted the same to the employees of the erstwhile PSEB employees who were taken over by the Board. It was further claimed that they were entitled to refixation of their salaries on the principle of protection of pay which was being drawn by them at the time of conversion from work-charge to regular staff. But, the said respondent-workmen were appointed afresh in regular capacity in the year 1972 by the Board after paying them the terminal benefits like retrenchment compensation and gratuity for the period of service rendered by them in the work-charge capacity. Therefore, in 1983 the workmen-respondent Nos. 2 to 17 in LPA No. 4 of 1998 along with others filed application after a gap of 11 years under Section 33-C(2) of the Act alleging that their pay was reduced on their appointment as regular employees and claimed arrears of wages from the date of appointment as regular employees upto 30.11.1983.

(3.) The Board resisted the claim of the workmen by contending that the Board had never adopted the pattern for the fixation of pay-scales of PSEB or Punjab Government and, therefore, the pay-scales were not liable to be fixed thereunder. It was also contended that the workmen had accepted the retrenchment compensation/gratuity etc. at the time of conversion from work- charge to regular staff and thus, the pay of such workmen was not liable to be refixed.