S. B. Sinha, J. - (1.) Leave granted in S.L.P.
(2.) Whether educational qualification can be considered to be a relevant criteria for the purpose of payment of wages is the question involved in these appeals which arise out of a judgment and order dated 11-12-2002 passed by a Division Bench of the High Court of Uttaranchal at Nainital in C.M.W.P. No. 235(M/S) of 2001allowing the writ petition filed by the Respondent herein and an order dated 13-5-2003 refusing to review the said order.
(3.) Doiwala Sugar Company Limited (Company) was having a sugar mill at Maholi. There exists a post of Assistant Laboratory Incharge in all the sugar mills. The post carried certain grades. The wages of the employees in the sugar factory in the State of Uttar Pradesh used to be governed by the terms of awards of the Wage Board appointed by the Government of India from time to time. An award was made by U.P. Sugar Wage Board in the year 1970 prescribing different scales of pay for different categories of employees working in all the Vaccum Pan Sugar Factories in the State of Uttar Pradesh. Educational qualifications were laid down as criteria for classifying the employees in different grades, which are as under : (a) for the post of Laboratory Incharge Supervisory A1, - Degree in Science with Physics and Chemistry and Mathematics as subjects and Associate Membership of National Sugar Institute, Kanpur or any other equivalent qualification. (b) for the post of Laboratory Incharge, Supervisory A-II, Degree in Science with Physics and Chemistry as subjects and at least two years practical experience in the sugar industry. ;