MINERAL AREA DEVELOPMENT AUTHORITY Vs. PREMANAND TIWARI

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The present writ petition has been filed by the petitioner for quashing the award dated 08.02.2008 passed by the learned Presiding Officer, Labour Court Dhanbad in Reference No. 2 of 2000, whereby the petitioner-management has been directed to make payment of difference of salary for the post of English Typist and Khalasi to the respondent-workman for the period between 1985 and 1992 during which he had worked as English Typist on temporary/ad-hoc basis, although he was appointed on the Grade-IV post of Khalasi under Mineral Area Development Authority.

(3.) The factual background of the case is that the workman/respondent was appointed in Class-IV post of Khalasi in the year 1983. Subsequently, vide office order no. 20/198586, the management directed the respondent to perform the duty of English Typist for three months or till the further order, however, with a condition that he would not be paid any additional salary. Thereafter, the respondent worked as English Typist from 11.10.1985 to 03.10.1986, 13.06.1988 to 05.10.1989 and 08.10.1991 to 17.12.1992, but he was paid the salary of Khalasi. Subsequently, vide office order dated 04.09.1998, the respondent was sent back to the post of Khalasi. The respondent, thereafter, raised an industrial dispute which was referred by the appropriate Government to the learned Labour Court, Dhanbad vide notification no. 7/ShramaD31011/99/L&E666 dated 28.12.1999 which was numbered as Reference No. 2 of 2000. The term of the reference was "Whether transfer of Shri Permanand Tiwari, the workman of MADA from Typist to the post of lower category is proper? If not what relief he is entitled to?