- (1.) Leave granted.
(2.) This appeal by special leave is directed against judgment and order dated 23.5.2013 of the High Court of Allahabad at Lucknow Bench whereby learned Single Judge classifying the respondent as 'workman' allowed the writ petition preferred by him, quashed the order dated August 24, 2007 passed by the Industrial Tribunal II, State of Uttar Pradesh, Lucknow (in short, 'the Tribunal') and directed the Tribunal to decide respondent's Case No.84/2004 on merit.
(3.) The factual matrix of the case is that the respondent was appointed on the post of Operator/Technician Grade III for six months on probation basis w.e.f. 13th of March, 1995 against the salary of Rs. 2600/- per month. Having been found his services satisfactory, he was confirmed w.e.f. 13th September, 1995 and was also awarded one increment w.e.f. 1st of February, 1996. Earlier, he was appointed in the Plant of Jainpur (Kanpur Dehat) from where he was transferred to Sathariya Plant, District Jaunpur, U.P. on 30th of August, 1996 on the revised pay scale i.e. Rs. 5450/-. Pursuant to the subsequent transfer order, he was posted at Lucknow in the month of June, 1997 and till 2000 he was awarded annual increments at the rate of Rs.490/-. Subsequently, he was promoted to the post of Line Supervisor in the pay scale of Rs.7716/- and thereafter to the post of Fleet Executive.;