N.K. Sodhi, J. - (1.) THIS order will dispose of two writ petitions No. 3044 and 5652 of 1999 one of which has been filed by the Management challenging the order of the Labour Court granting a higher pay scale to the workman - respondent and the other has been filed by the workman claiming interest on the arrears awarded by the Labour Court. CWP 3044 of 1999
(2.) THE short question that arises for our consideration in this petition filed under Article 226 of the Constitution is whether Ajit Singh (for short the workman) who was ordered to be regularised as a Chargeman is entitled to the pre -revised scale of Rs. 700 -1200 or to the lower scale of Rs. 430 -800 which was given to him. Facts giving rise to this petition lie in a narrow compass and these may first be noticed. The workman joined service of Punjab State Electricity Board (hereinafter referred to as the Board) as T -Mate on work charge basis and thereafter he was promoted to the post of Chargeman again on work charge basis with effect from 1.12.1970. Services of persons junior to him were regularised as Chargemen in April, 1984 but the workman was left out. He raised an industrial dispute claiming regularisation of his services with effect from the date when his juniors were regularised in service. This reference was made to the Industrial Tribunal, Punjab and the same was answered in favour of the workman and against the Board. His services were ordered to be regularised with effect from 16.6.1984 the date from which his juniors were regularised in service. In pursuance to the directions issued by the Industrial Tribunal, Punjab the workman was made a regular Chargeman but given the pay scale of Rs. 430 -800 which, according to him, he was already drawing while working on work charge basis. He also alleged that his juniors were given the scale of Rs. 700 -1200 when their services were regularised. He filed an application before the Labour Court, Amritsar under Section 33 -C(2) of the Industrial Disputes Act, 1947 claiming pay in the scale of Rs. 700 -1200. On receipt of notice of this application from the Labour Court, the Board contested the same and from the pleadings of the parties, following two issues were framed : 1) Whether the applicant has no existing right to sustain his claim ? 2) At what amount, should the dues of the applicant be computed ? Both these issues were decided together and the Labour Court on a consideration of the evidence led by the parties held that the Chargeman on being made regular were given the scale of Rs. 700 -1200 which was denied to the workman. This finding was recorded on the basis of the admission made by the witness produced by the Board. It may be mentioned that RW -1 admitted in his cross -examination before the Labour Court that all regular Chargemen were given the scale of Rs. 700 -1200 after 1.1.1978. Consequently, the application filed by the workman was allowed by order dated 1.12.1998. It is against this order that the present petition has been filed by the Board.
(3.) WE have heard learned counsel for the parties.;