DEVI PRASAD SINGH, J. - (1.) PETITION under Article 226 of the Constitution of India has been preferred claiming wages payable to the regular employees for specified period on the ground that in case, petitioner would have been regularized earlier he would have been entitled for payment of regular pay scale. A substantial question of law cropped up for adjudication is, whether an agreement signed by the Labour Union and the Management in accordance to law, shall be binding over the workmen or the members of Labour Union, even if they do not agree with settlement?
(2.) THE brief facts of the present case are discussed henceforth. According to Shri S. C. Maheshwari, learned Senior Counsel assisted by Shri H. K. Mishra, the petitioner was engaged as temporary casual labour on payment of wages @ Rs. 11.50 per day w.e.f. 21.1.1985. Copy of appointment letter has been filed as Annexurre-1 to the writ petition. The submission of learned Counsel for the petitioner is that at induction level of non-executive category of employee A Grade technical, the appointments are done against the following categories : (1) Unskilled Group (2) Skilled Group (3) Supervisory (4) Technical Group According to circular dated 25.11.1985 (Annexure-2) the daily wager employees shall be entitled for wages after completion of minimum six months services on a consolidated wages of Rs. 450/- per month. Such persons shall be eligible for consideration for appointment to regular grade after completion of minimum period of one year of service on consolidated wages of Rs. 450/- per month. The circular further provides that after screening the daily rated employees who are found fit may be given consolidated wages of Rs. 475/- per month. Such employee shall be entitled for appointment to the regular post in semi­skilled category with consolidated wages of Rs. 475/- per month Circular further provides that employees recruited on daily wage basis or skilled or for clerical job may be eligible for payment @ Rs. 500/- per month.
(3.) IT has been pleaded by the petitioner in the present writ petition that the petitioner ought to have been given consolidated pay of Rs. 450/- per month after the period of six months and after expiry of one year i.e. sometime in the month of January 1986. Petitioner had submitted a representation dated 24.9.1985 (Annexure-3) claiming payment of consolidated wages @ Rs. 450/- per month. It has also been stated by the petitioner that petitioner's wages were enhanced to Rs. 12 to 30 per day. However, petitioner was not made permanent employee keeping in view the circular. Petitioner's case was persuaded by the BHEL Karamchari Sangh through representations dated 30.11.1998 (Annexure-6) and 6.12.1989 (Annexure-7) with the prayer that he may be treated as regular employee after lapse of 18 months and payment may be made accordingly. It has been further stated by the petitioner that from June, 1987 he was paid wages @ Rs. 345/- per month though others were paid wages @ Rs. 450/- per month. Representation dated 26.6.1989 (Annexure-8) submitted by the petitioner to ventilate his grievance remain unattended.;