- (1.) The writ petition has been restored to its original number vide order of date passed on restoration application. As requested by learned Counsel for the parties, the writ petition is taken up for hearing and is being disposed of finally at this stage.
(2.) The writ petition is directed against the order dated 14th November, 2003 passed by Labour Court in purported exercise of power under section 33-C(2) of Industrial Disputes Act, 1947 (hereinafter referred to as the "Act") directing the petitioner to pay a sum of Rs.22,836/- to the respondent No. 2.
(3.) It is not in dispute that respondent No. 2 was appointed as Office Assistant Grade II in 1977 in the pay scale of Rs.1400-2600. In order to provide stagnation scale, State Government issued Government Order from time to time for grant of an additional increment or higher scale after an employee has rendered service for a particular length of time i.e. 10, 14, 16 years etc. The P.C.D.A. also implementing the said decision issued order dated 17th March, 1974 providing that on completion of 10 years of satisfactory service, one additional increment shall be given and on completion of 16 years of service, the incumbent shall be placed on higher pay scale. The respondent No. 2-workman, who completed 10 years of service in 1987 and 16 years of service in 1993 therefore was entitled for special increment in 1987 and higher pay scale with effect from 1993 but the same was not granted by the employer without any reason.;