Sujoy Paul, J. - (1.)This petition filed under Article 227 of the Constitution challenges the award of the labour Court dated 06.08.2013, whereby the reference is answered by the labour Court in favour of the workman.
(2.)The appropriate Government send the following reference for adjudication to the labour Court:- Whether it is justifiable to give benefit of higher pay scale to the workman after rendering 9 & 18 years of service ? If yes, what directions should be given to the employer.
(3.)The case of the workman was that he became eligible to get higher pay scale after completion of 9 & 18 years of service. He exercise option to get the benefit of higher pay scale. The respondents did not grant the benefit of higher pay scale to the petitioner and, therefore, said dispute was raised. The labour Court in impugned award dated 06.08.2013, opined that the stand of the employer that the workman was facing the criminal case could not be substantiated by the employer by filing any document. As per the enabling provision dated 19.07.1999 (Ex.P/1) there was no impediment in considering the claim of the workman for grant of higher pay scale. For these reasons, the employer was directed to act upon the option of the petitioner and grant him benefit of higher pay scale.