MANAGEMENT OF SINGARENI COLLIERIES COMPANY LTD Vs. SALIM M MERCHANT
LAWS(APH)-1971-7-4
HIGH COURT OF ANDHRA PRADESH
Decided on July 29,1971

MANAGEMENT OF SINGARENI COLLIERIES COMPANY LTD., KOTHAGUDEM COLLIERIES Appellant
VERSUS
SALIM M. MERCHANT Respondents

JUDGEMENT

Gopal Rao Ekbote, J. - (1.) This is an appeal from the order of a learned Single Judge made in W. P. No. 4670 of 1968 on 1st March, 1969 whereby the learned Judge dismissed the writ petition.
(2.) The facts in order to appreciate the contention raised before us are that the petitioner-appellant is the management of Singareni Collieries Limited The 2nd respondent was appointed as a checker in the Industrial Engineering Department of the Company in the grade of Rs. 48-100 somewhere in 1961. The 2nd respondent demanded that in view of the nature of his duties he was entitled to the grade of Rs. 115-200 in view of the provisions of the coal award paragraphs 776 and 778. The Management was not willing to accede to the claim The parties, therefore, agreed to refer the dispute to an arbitrator. Sri Salim M. Merchant was chosen by the parties as arbitrator. The agreement was entered into on 3rd February, ] 967 The following was the dispute referred to the said arbitrator: " Having regard to the nature of duties performed by Shri Ch. V Rama Krishna, Checker, whether the demand for the grade of Rs. 115-200 is justified If so to what relief is he entitled and to what date ?"
(3.) The arbitrator held that the 2nd respondent was not entitled to the grade of Rs.115-200 Having regard to the duties which the 2nd respondent was performing and which duties were somewhat different from the duties per formed by other checkers in other Departments, the arbitrator said that the 2nd respondent, should be paid the scale which a senior clerk is getting viz Rs. 70-158 Itis this award of the arbitrator which was impugned in the said writ petition.;


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