RAVI R.TRIPATHI - (1.) Special Civil Application No.2783 of 2002 is filed by Ahmedabad Municipal Corporation ("the Corporation" for short) against the General Secretary of Municipal Mazdoor Association, seeking relief to quash and set aside the judgement and award dated 23rd April, 2001 passed by the Industrial Tribunal, Ahmedabad in Reference (IT) No.23 of 1999. Special Civil Application No.9923 is filed by 39 workmen against the Corporation seeking relief that a direction be issued to the Corporation to implement the award dated 23rd April, 2001 passed by the Industrial Tribunal in Reference (IT) No.23 of 1999 and Reference (IT) No.331 of 1999. It is also prayed that as per the award of the Tribunal, the workmen are to receive only 40% of the arrears, but, the same is still not paid, be directed to be paid with interest. In addition thereto, it is also prayed that a writ be issued directing the Corporation to pay the full arrears to the workmen with interest.
(2.) As in both these petitions, the judgement and award dated 23rd April, 2001 passed in Reference (IT) No.23 of 1999 forms the subject matter, they were heard together.
(3.) The controversy involved in both these petitions is that whether 77 workmen, as per Order No.K.H.-H.S.M.C.R/K/27333 IDR-A.J.57/99 dated 4th February, 1999, and 54 workmen, as per Order No. K.H.-H.S.M.C.R/K/28000 IDR-A.J.429/99 dated 31st August, 1999, discharging duties as Oilman, Pump Majoor, Jr. Pump Attendant, Wireman, Helper, Liftman, etc. in Light & Power Plant Tubewell Department, Dudheshwar Water Works Drainage Department and Hospital of the Corporation should be given pay scale of Rs.260-Rs.430 as per the award Part-III of Shri I.G.Thakore on the basis of the duties they performed and also they possessed educational qualification as stated in the advertisement and thereafter, increase in pay scale consequent upon the change being made from time to time w.e.f. 1st January, 1976 or not?;