- (1.) HEARD Mr.Sudeep Kumar, learned counsel for the petitioners as well as Mr.J.P.Mathur, learned counsel for the respondent No.3.
(2.) THE petitioners have challenged the award dated 18.08.2000 passed by the Milk Dairy Development Officer -Cum -Sole Arbitrator, Lucknow (Annexure No.2) as also the order dated 14th May 2004 passed by the Cooperative Tribunal, State of U.P. in Appeal No. 136 of 2002 and 137 of 2002, whereby the direction has been issued to consider the Revision of Pay Scales from time to time w.e.f. 01.01.1974 and if any dues are there, the same be paid to the petitioners within one month failing which he was made entitle to get the payment along with interest at the rate of 18%.
(3.) THE facts of the case as set out in the writ petition in brief are that opposite party No.3 was initially appointed on the post of Senior Grade Clerk in the Office of Pradeshik Co -operative Dairy Federation Ltd. (in short 'PCDF') on 24.01.1969, subsequently on demand of the petitioners' office for a Trained Co -operative Supervisor opposite party No.3 was transferred to the office of Lucknow Producers Co -operative Milk Union Ltd. (in short 'LMU') wherein he was absorbed and became employee of 'LMU' . It is stated that in the floods the petitioners most of service records were destroyed. A Tentative Seniority List of the employees of LMU has prepared on 16.02.1984 in which the name of the opposite party No.3 found place at Serial No.1. It is stated that the opposite party No.3 did not raise any objection against the said seniority list nor did he agitated regarding his employment under 'LMU'. Alike to other employees of 'LMU' the opposite party No.3 was also allotted a token No. 2141. It is further stated that by means of letter dated 27.02.1974 issued by 'LMU' the opposite party No.3 was designated as Store Incharge and in the pay scale of Rs.300 -900. In 1984 the separate cadre of Centralized Services was created which is called "U.P. Milk Union and Dairy Federation Centralized Services, Act 1984" and Cadre Authority was constituted. By means of letter dated 5th December 1985 issued by the Lucknow Procedure Cooperative Milk Union to the 'PCDF' the petitioners case was recognized for grant of higher pay scale. It is further stated that opposite party No.3 was considered for absorption in the U.P. Milk Union and Dairy Federation Centralized Services, 1984 by means of order dated 27.06.1986.;