MUNICIPAL COUNCIL Vs. MANGILAL

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner on 25/08/1992 against the respondents with the prayer that by an appropriate writ, order or direction, the judgment and award dated 30/08/1991 (Annexure -3) passed by the learned Judge, Labour Court, Udaipur (respondent No. 2) by which he accepted the application filed by the respondent No. 1 workman-Mangilal under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") against the present petitioner and ordered that the respondent No. 1 workman be fixed in the identical pay scale of Conductor, which was given to the employees of the Rajasthan State Road Transport Corporation and further ordered that notional fixation of the respondent No. 1 workman with effect from 5/04/1986 on the post of Jamadar made by the petitioner be re-fixed in the pay scale of Conductor, etc., be quashed and set aside.

(2.) It arises in the following circumstances.

(3.) The respondent No. 1 workman was employed with the petitioner and the services of the respondent No. 1 workman were terminated by the petitioner vide order dated 20/03/1970. Thereafter, a dispute was referred to the Industrial Tribunal, Jaipur and the Industrial Tribunal, Jaipur passed judgment and award dated 5/04/1986 in favour of the respondent No. 1 workman and against the present petitioner by which the termination order dated 20/03/1970 passed against the respondent No. 1 workman was quashed and set aside and on the basis of compromise, the respondent No. 1 workman was ordered to be reinstated in service with effect from 5/04/1986 on the post of Conductor and for back-wages, the respondent No. 1 workman was allowed Rs. 10,000/-.