H.Swarup, J. - (1.) The Ganesh Sugar Mills Ltd. has filed this petition against the award given by the Labour Court, Lucknow.
(2.) The matter referred to the Labour Court was on the following terms; "Should the employers be required to classify the workman, Sri Shyam Behari Lal, son of Sri Uma Prasad Lal as Electrician in skilled A grade and place him in the pay scale appropriate to such classification in terms of the U. P. Government Notification No. 2309(ST)XXXVIA-273 (ST)/60 dated April 27, 1961, as amended and extended to date? If so, with effect from which date and with what other details -
(3.) The Labour Court held that the workman Shyam Behari Lal, opposite party No. 1, did not possess necessary knowledge and proficiency required for being designated as Electrician. The answer to the dispute, therefore should have been in the negative. The Labour Court, however, proceeded further to consider whether the workman was entitled to be placed in Wireman Grade I as he was working as Wireman Grade II. By Grades I and II, probably the Court meant skilled B grade and skilled C grade as contemplated by the Government Order passed under Section 3 of the U. P. Industrial Disputes Act to give effect to the recommendation of the Wage Board set up for the Sugar Industries in the State of Uttar Pradesh. The Labour Court found that the duties to be performed both by Wireman of skilled B grade and of skilled C grade were similar and hence gave the award directing the workman to be placed in grade 'skilled B' on the finding that he was a senior workman and no evidence had been led by the employer to show that he was not proficient.;