Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed challenging the validity and correctness of the award dated 12.6.2001, passed by the labour court in Adjudication Case No. 104 of 96. Respondent No. 1 was appointed as a cleaner on 17.7.1981 in the Fazalganj Depot, Kanpur Region of the petitioner-Corporation. He claims that he was qualified for the post of Assistant Store Keeper/Junior Clerk. The petitioner started taking work from him of the aforesaid post. He raised a demand for giving him the designation and pay scale of Assistant Store Keeper/Junior Clerk which was not paid heed to by the employers and as such he raised the following industrial dispute which was referred to the Labour Court (2), U. P., Kanpur and was registered as Adjudication Case No. 104 of 96 : ...[VERNACULAR TEXT OMMITED]... "Whether the designation of Assistant Store Keeper/Junior Clerk and accordingly the pay scale should be given by the employers to their worker Ramesh Kumar Yadav S/o Ram Dayal Yadav, Cleaner, Fazalgaj Depot, Kanpur Region according to the nature of his work? If yes, from which date and why? On receipt of summons the employers did not file any written statement before the labour court in spite of several opportunities granted to them. They also did not file any documentary evidence before the labour court in support of their case even though they were again and again granted opportunities for submitting the documents. On the contrary the worker not only filed his written statement but also filed three documents alongwith a list of documents 11B (2) and 21 documents alongwith another list of documents 12B (2) in support of his case. He also filed an application (paper No. 20D) for summoning of original copies of the documents which had been filed with the aforesaid application. In spite of an order passed by the labour court for submitting the said documents the petitioner did not produce the documents summoned by the labour court.
(3.) THE workman gave his evidence and details of his duties, which he alleged to have performed pursuant to the oral directions/orders of the Assistant Regional Manager in the year 1990-91. According to him he was attached with the Store Keeper in the store department to do the work of maintaining bin cards, posting in ledgers, issue store goods on indents, requisition of store goods from the Regional Office and preparation of statement of store goods every month etc. Shri Mohd. Ilyas, the witness on behalf of the employers, also corroborated the evidence/statement of the workman. He had stated in his statement (23C) that he was working as a Senior Foreman in the Fazalganj Depot and no clerk was deputed there, as such the respondent-workman performed all the clerical works and prepared statements etc. The relevant extract of his evidence is as under : ...[VERNACULAR TEXT OMMITED]...;