BHOLA RAM KUMAWAT Vs. R S E B

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition bearing No. 1560/99 as well as S.B. Civil Writ Petition No. 3994/99 arise out of the same order passed by the Labour Court, Jodhpur on February 26, 1999 deciding the application moved by Bhola Ram (hereinafter described as the workman) the employee of the erstwhile RSEB now through its successor Corporation (hereinafter called, the employer). The workman has filed an application for recovery of a sum of Rs. 21,094 with interest at the rate of 18% under Sec. 33-C(2) of the Industrial Disputes Act, 1947 on May 21, 1996 llleging that he was appointed as workcharge Painter by the RSEB on November 7, 1970 and is employed since then under it. By order dated July 25, 1980, the workman was declared to be a Painter II with effect from April 1, 1974 in the pay scale of Rs. 370-570. He was also granted a special advance increment of Rs. 10 w.e.f. April 1, 1974 under Regulation 10 of the Regulations of 1978. Arrears on that basis were paid to him and he was being paid in accordance with that order. During this period under Award dated May 4, 1978 he became entitled to increments from Rs. 400 to Rs. 430 w.e.f. April, 1978 in the aforesaid pay scale which also was given to him. However, these benefits were withdrawn from the workman later on by considering the grant of advance increment of Rs. 10 to be erroneous grant and amount has been recovered from the workman. Against the said recovery, in the first instance the workman moved a petition before this Court as S.B. Civil Writ Petition No. 7/94 which was dismissed by this Court on April 16, 1996 for availing remedy under I.D. Act, 1947 by filing an application before the Labour Court. In pursuance of that order, the workman moved the application u/s. 33-C(2) of the Industrial Disputes Act, 1947, as aforesaid. This application was decided by the Labour Court vide order under challenge Annexure 2 dated February 26, 1999. The Labour Court found, in favour of the employer that the workman was not entitled to grant of advance increment of Rs. 10 on his regular appointment w.e.f. April 1, 1974 by regularisation and therefore, the order withdrawing special advance increment and recovery made in pursuance thereof was justified and the application of the workman was rejected. However, before parting with the case, the learned Judge, Labour Court further clarified that the order would mean that the workman shall be fixed in the minimum of the pay scale of Rs. 370-10-450-12-570 w.e.f April 1, 1974 and not on Rs. 3 80 but by getting regular increments from that stage when he reaches the stage of Rs. 400 the next increment shall be of Rs. 30. The exact order in which the directions contained is reproduced hereinbelow: (Vernacular matter omitted)

(3.) Aggrieved with the aforesaid order, the 1 workman has filed S. B. Civil Writ Petition No. 1560 of 1999 whereas the Rajasthan State Electricity Board, now succeeded by Rajasthan Vidhyut Vitrah Nigam Ltd., Jaipur, was aggrieved with the clarification made by the learned Judge, Labour Court and has preferred Writ Petition No. 3994/1999.