RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) THIS petition has been preferred against the award dated 29.11.1997 passed by the Labour Court (IV), Kanpur in Adjudication Case No. 12 of 1989 directing thereby the petitioner to give the concerned workman the post and pay scale of lift operator. Before giving the facts of the case it is necessary to give the background in which the award in the present case has come to be challenged. The Central Government constituted Central Electricity Wage Board (hereinafter referred to as C.E.W.B.) in the year 1966 for considering the pay revision of various categories in U. P. State Electricity Board. The C.E.W.B. unanimously recommended 21 categories of technical and nontechnical employees for revision of pay scales on the basis of job evaluation of point rating system. The recommendation of the C.E.W.B. were accepted by the State of U. P. on 1.4.1969 and a notification dated 11.2.1971 was issued by the State Government for enforcement of the recommendation w.e.f. from 1.4.1969, which was, later on amended on 18.6.1971. The notification provided for constitution of a tripartite union for fixation of static principles for the enforcement of the recommendation of the C.E.W.B. It appears that the U. P. State Electricity Board notified the pay scale of various post in arbitrary manner on 3.6.1971, as it were not done on the basis of result of Job evaluation of point rating system for a particular post according to the nature of work/duty performed by the employer on 31.3.1967. The dissatisfaction of employees resulted in raising of Industrial Disputes. On conciliation/settlement of disputes the State Government referred about 350 disputes for adjudication before the Industrial Dispute (V) U. P., Lucknow, regarding fitment in the pay scales of employees ; Adjudication Case No. 130 of 1972 was for fitment of liftman (Hydle). The award in Adjudication Case No. 130 of 1972 of liftman (Hydle) was given 167 points rating and it was enforced for a period of 5 years only that is to remain in from 1.4.1969 to 31.3.1974 in pursuance of Section 11 of the U. P. Industrial Disputes Act, 1947. The union of workmen which has raised the present dispute was not a party to reference in Adjudication Case No. 130 of 1972.
(3.) THE brief facts of the present case are that respondent workman was working as lift operator in Panki Thermal Power Station Panki, Kanpur, in the pay scale of unskilled category. He raised an Industrial Dispute that work of liftman at Panki is same as that of Crane operator hence he is entitled to get the designation and corresponding pay scale of operator in skill (A) category. The claim of the workman was disputed by the petitioner on the ground that the reference was not maintainable as change of designation and corresponding pay -scale for higher post of lift operator is promotion and there was no post like 'lift operator' in the establishment. As conciliation proceedings failed, the State Government in exercise of powers under Section 4K of the U. P. Industrial Disputes Act, 1947, referred the following matter of dispute to the Labour Court, Kanpur, where it was registered as Adjudication Case No. 12 of 1989. ...[VERNACULAR TEXT OMITTED]...;