WORKMEN REPRESENTED BY GENERAL SECRETARY OF CHOTANAGPUR INDUSTRIAL WORKERS UNION Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) BY a reference made by the Government of Bihar dated 28.4.1987, the following terms were referred to the Labour Court for adjudication : - -

(2.) THE petitioner has challenged the award of the Labour Court, Ranchi, dated 5.12.1997 with regard to Item No. (iv) quoted above whereby the Labour Court answered the reference with regard to item No. (iv) against the workman, holding that they are not entitled to be promoted directly to the post of Assistant Foreman from the post of worker Grade A. Prayer is to quash the aforesaid findings in the award regarding Item No. (iv). Further prayer is to direct the respondents to sanction the pay scale of Assistant Foreman on and from the respective dates, on which they were redesignated and Chargeman.

(3.) ON the other hand, the case of the Management, is that, prior to May, 1982, the scale of pay of both the Grades of workers and Chargeman was identical i.e., Rs. 644 -1074/ -. A workman in Grade A after putting certain years of service used to be redesignated as Chargeman in the self -same scale of pay and the pay scale attached to the post of Chargeman was changed and upgraded to Rs. 749 -1205/ -with effect from 20.5.1982. After putting in certain years of service in Grade A. The workers were promoted to the post of Chargeman and the next promotional post was the post of Assistant Foreman, in the pay scale of Rs. 799 -1289/ -. The further case of the Management is that operation of the post of Chargeman has since been stopped and now the workers in Grade A are promoted to the post of Master Craftsman. The scale of pay of Master Craftsman and Chargeman are identical and then next promotional post is Assistant Foreman.