MANOJ MISRA,J. - (1.) The present petition has been filed assailing the award dated 02.09.2014 passed by the Labour Court, U.P. at Allahabad in Adjudication Case No. 21 of 2011 which has been published on 15.04.2015.
(2.) The respondent no.3 (Jal Kal Karamchari Sangh, Jal Sansthan, Khushrubagh, Allahabad) espoused the cause of the respondent no.4 (Jagdish Kumar Maurya - respondent workman) in respect of his entitlement to receive equal pay as payable to a Shift Incharge for his working as such in the petitioner's establishment. Upon such espousal, a reference was made on 28.10.2010, under Section 4 K of the U.P. Industrial Disputes Act, to the Labour Court for adjudication. The issue referred was whether the employers were justified in not paying equal wages as that of Shift Incharge to the said workman even though work of Shift Incharge was being taken from him.
(3.) It is not in dispute that the respondent-workman was initially appointed on 01.02.1985 as Pump Attendant and, thereafter, on 25.01.2008, was promoted on the post of Pump Operator. On 29.02.1996, one Laxmi Narayan, a Shift Incharge, retired.;