(1.) Being aggrieved and dissatisfied with order dated 19.7.2013, passed by Labour Commissioner, Himachal Pradesh, whereby he refused to refer the matter for adjudication to Labour Court-cum-Industrial Tribunal, petitioners have approached this court in the instant proceedings filed under Art.226 of the Constitution of India with a prayer to set aside the impugned order and refer the dispute to Labour Court-cum-Industrial Tribunal for adjudication.
(2.) Succinctly, the facts as emerge from the record are that the petitioners came to be employed as daily wagers with respondent No.2 i.e. Himachal Pradesh Tourism Development Corporation (hereinafter, 'Corporation') between the year 1993-1997, whereafter, their services were regularized in the respective Class IV categories i.e. Malis, Helpers, Beldars, Painters and Sweepers, in the year 20005 and they were put in the pay scale of Rs.2520-4140. On 12.9.2003, respondent No.2 issued an office order, whereby petitioners and other categories in the respondent-Corporation were granted different pay scales. In September, 2011, petitioners served a demand notice upon respondents for grant of same pay scale i.e. Rs.2720-4260 as granted to the category of Utility Workers, because both the categories i.e. petitioners and Utility Workers were covered in same pay scale/Class IV, category of workman, however, the fact remains that such claim of the petitioners came to be denied, as a consequence of which, dispute arose inter se petitioners and employee.
(3.) Careful perusal of Annexure P-6 suggests that the petitioners served demand notice upon respondent No.1 alleging therein that at the first instance they were employed on daily wages and later on, after good number of years, their services were regularized in the pay scale of Rs.2520-4140 (with initial start of Rs.2620). They further averred that similarly the Utility Workers in the Corporation were granted equivalent /similar pay scale at par with them, till 25.8.2003, because all were unskilled categories of workmen. On 25.8.2003, pay scale of Utility Workers was revised from 2520-4140 to 2720-4260, however, said revision was not made in the case of the petitioners. It is further averred by the petitioners that during pay revision of the year 2006, Utility Workers were granted pay scale of Rs.6700-7500 as such, petitioners are also entitled to pay scale of Rs.6700-7500 as granted to Utility Workers.