PUNJAB STATE ELECTRICITY BOARD Vs. KAPUR SINGH

JUDGEMENT

(1.) THIS is an appeal filed under Clause X of the Letters Patent of the High Court against the judgment and order dated 11th May, 2005 passed by learned Single Judge in Civil Writ Petition No. 5544 of 1988 vide which learned Single Judge has allowed the claim made by the writ Petitioner -Respondent holding that when he was regularized as T -Mate on 24th November, 1972 in the basic pay of Rs. 110, he was entitled to protect his pay as Work charge Fitter, a higher post on which he was working. The learned Single Judge has placed reliance on the instructions dated 26th April, 1982 (P -2) for granting the relief to the writ Petitioner -Respondent. The Electricity Board -Appellant has challenged the view taken by the learned Single Judge in the instant appeal.

(2.) BRIEF facts which are necessary for disposal of the instant appeal be first noticed and would be discernible from the following table: <FRM>JUDGEMENT_703_ILR(P&H)2_2009.htm</FRM>

(3.) HOWEVER , the writ Petitioner -Respondent felt aggrieved with the fixation of his pay as Rs. 90 which was the maximum pay scale of the post of T -Mate. For redressal of his grievance, he filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 (for brevity "IT). Act") and the application was dismissed by the Labour Court vide dated 29th February, 1988 on the ground that it was not maintainable because the writ Petitioner -Respondent had no pre -existing right enforceable in the proceedings under Section 33 -C(2) of the I.D. Act. After the dismissal of application under Section 33 -C (2) of the I.D. Act, the Petitioner filed Civil Writ Petition No. 5544 of 1988 which was decided in his favour and the present appeal has been filed to challenge that order. The basic reliance of the writ Petitioner -Respondent has been on the instructions issued by the Electricity Board on 19th October, 1979 (P -l) and 26th April, 1982 (P -2). He has also prayed in the petition for quashing the order of Labour Court dated 29th February, 1988 (P -6).