HAFED Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL - LABOUR COURT

JUDGEMENT

(1.) C. M. NO. 9792 of 1994 filed by Respondent No. 2 for the vacation of ex parte stay order came up for hearing on July 17, 1995 but counsel for both the parties made a request that instead of disposing of the application the main writ petition be decided. The request was granted and the main case taken on board for final disposal.

(2.) RAGHBIR Singh Respondent No. 2 had been working as Fitter - cum Welder on daily wages with the Cattle Feed Plant, Rohtak which is unit of Haryana State Co-operative Supply and Marketing Federation Ltd. , Chandigarh (for short, the management ). The qualification prescribed for the post was that a candidate should be I. T. I. trained with some experience. Since the respondent did not possess the requisite qualification, the General Manager recommended his case for regularisation of his service in a lower pay scale. The recommendation was accepted and by letter dated March 20, 1986 the respondent was appointed as Fitter-cum-Welder in the scale of Rs. 300-450. It may be mentioned that the scale for the post of Welder was Rs. 480-760. The respondent accepted the appointment and joined his duties. Thereafter, he demanded from the management the regular pay scale of the post i. e. , Rs. 480-760 on the principle of equal pay for equal work. The representations made by the respondent were rejected by the management. The workmen then approached the Labour Court under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter called the Act) claiming the difference in the pay scale. It was pleaded that he was entitled to the monetary benefit that was capable of being computed in terms of money as according to the workman the other Fitters-cum-Welders were being paid the higher scale of Rs. 480- 760.

(3.) ON receipt of notice from the Labour Court, the management contested the application and challenged its jurisdiction to entertain the same. On merits the claim of the workman was denied. After recording evidence of the parties, the Labour-cum- Welder he was entitled to the revised pay scale of Rs. 1,200/-per month. Consequently, the application was allowed and the workman was given the grade of Rs. 1500/- per month though he had demanded Rs. 1,200/- and he was also held entitled to the arrears of Rs. 28,210/ -. It is this order that has been challenged by the management in the present petition filed under Article 226 of the Constitution.