B.S.Chauhan, J. - (1.) The instant writ petition has been tiled against the award of the Labour Court in adjudication case No. 122 of 1991 dated September 3. 1993 contained in Annexure 27 to the writ petition, by which the claim of the respondent No. 3, here in this petition (hereinafter called as the workman) has been allowed by the Labour Court directing the petitioners to designate the workman as Typist and award him the wage scale of the Typist.
(2.) The factual gamut of the instant case reveals that the petitioners had appointed the workman as Class-IV employee on November 23, 1977 but just after his employment he was deputed to work as Typist in the division, though he was appointed as Store Helper. There was a purpose of deputing the workman on type work as he was M.A. in Hindi and had the typing diploma as revealed by the affidavit dated August 18, 1988 filed by the General Secretary of the Union before the Labour Court, Annexure 16 to the writ petition. The workman continued to do the typing work for a long time and when he demanded the wage scale of the typist, he was sent back to the post of Store Helper vide order dated September 3, 1987, Annexure 10 to the writ petition.
(3.) The matter was agitated by the labour union and a reference was made on March 28, 1988 under Section 4-K of the U.P. Industrial Disputes Act, 1947, (hereinafter called the Act) to the Labour Court as under : "Is the action of the employer not promoting the employee Shri Girish Chandra Saxena, son of Shri Sambhu Prasad, Store Helper, from whom work of typing is being taken, to the post of Typist, valid and justified? To what relief, if any, he is entitled to and with what date and other details.";