DEVI DUTT PANDEY Vs. EXECUTIVE ENGINEER, ELECTRICITY TEST DIVISION (KHAND) HALDWANI, DISTRICT NAINITAL
HIGH COURT OF UTTARAKHAND
Devi Dutt Pandey
Executive Engineer, Electricity Test Division (Khand) Haldwani, District Nainital
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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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