DEVI DUTT PANDEY Vs. EXECUTIVE ENGINEER, ELECTRICITY TEST DIVISION (KHAND) HALDWANI, DISTRICT NAINITAL
LAWS(UTN)-2012-10-25
HIGH COURT OF UTTARAKHAND
Decided on October 16,2012

Devi Dutt Pandey Appellant
VERSUS
Executive Engineer, Electricity Test Division (Khand) Haldwani, District Nainital Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) BY means of this petition the petitioners have sought a writ in the nature of certiorari quashing the impugned award dated 30 -8 -1997 passed in Adjudication Case No. 91 of 1991 and published on the notice board on 12 -12 -1997.
(2.) THE facts of the case in short, are that petitioner No.1 Devi Dutt Pandey was appointed on 13 -7 -1970 in work -charge in U.P.S.E.B. in the scale of Rs. 110 -250 and thereafter under the Board order he was given a regular appointment in the Board as Store Munshi in the same pay scale. Petitioner No.2 Girish Chandra Saxena was appointed on 30 -12 -1968 in work charge in the UPSEB in the pay scale of Rs. 80 -100 and thereafter he was given regular appointment by the Board as Routine Grade Clerk in the pay scale of Rs. 110 -250. The Service rendered by petitioners in work charge department was not counted in the seniority list and in fixation of pay in time scale. The petitioners raised industrial dispute and the same was referred to Labour Court for adjudication and the same was registered as Adjudication Case No. 91 of 1991.
(3.) BEFORE the Labour Court written statement was filed by the petitioners as well as the Electricity Board. The petitioner Devi Dutt Pandey appeared as a witness in the proceeding before Labour Court and on behalf of respondents Sri N.C. Pant, Executive Engineer appeared as a witness. The Labour Court gave its award on 30 -8 -1997 holding that the seniority list published, without counting the service rendered by the petitioners in the work charge, is not improper. Further, by not fixing the pay of the petitioners in accordance to Order No. 489 dated 25 -2 -1989 of the Board, is also not illegal and improper and the workmen are not entitled to get any benefit or compensation in the Adjudication Case. Feeling aggrieved the petitioners, workmen have preferred this writ petition.;


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