T.Sen, J. - (1.) This writ petition is directed against the award dated 14.3.2002 passed by the 9th Industrial Tribunal at Durgapur in Reference Case No. X-41/2000 whereby and whereunder he was pleased to answer the reference in favour of the concerned workman by observing that the said concerned workman namely, the Respondent No. 3 would be entitled to increment at the rate of Rs. 32/- in the Senior Operative Grade while under the training period together with all arrears till date. The case of the Union which espoused the cause of the Respondent No. 3, was that prior to joining as a Senior Operative Trainee (hereinafter referred to as SOT), he was in the SK II Grade with basic pay at Rs. 710/- and annual increment @ of Rs. 20. It was the case of the Union that during the training period, the Petitioner was kept in the scale of SK - II Grade with the same annual increment while some of batch mates, were given basic pay and increment in the scale of Operative Grade - III from the very date of their joining as SOT, irrespective of their Grade and basic pay.
(2.) As a consequence of this discrimination, the batch mates of the Petitioner received more pay/higher pay than the Petitioner and the Petitioner was given the said higher scale only on and from the date of completion of his training. Objections were raised but since no action was taken, the dispute was raised.
(3.) Before the Tribunal, the Petitioner Management filed their Written Statement and submitted, inter alia, that the Petitioner had appeared for a Selection Test for the post of SOT as a departmental candidate and having qualified, he was offered the post of a Senior Operative Trainee in the pay scale of Rs. 690-32-914-34-1152 vide letter dated 2.5.1984. He joined the post on 9.5.1984. The terms of appointment was quoted in the Written Statement and it reads thus:- "During the period of training you will receive a basic pay of Rs.690/- per month in the scale of Rs. 690-1152 attached to the post of Operative Grade III and other allowances. In case you present basic pay is higher than the minimum of the grade attached to Operative Grade III i.e. Rs. 690/-, the balance will be treated as personal pay to be absorbed in any future rise in pay or increments to be earned on confirmation. b) In either case during the period of training you will not earn any increment." (Underlining by this Court);