- (1.) THIS order will dispose of four connected petitions bearing C. W. P. Nos. 6228, 6229, 6230 and 6231 of 1988 as common questions of law and fact are involved in all these petitions. The facts have, however, been extracted from Civil Writ Petition No. 6228 of 1988.
(2.) PUNJAB State Electricity Board, Patiala through its Secretary has filed the present petition under Article 226 of the Constitution of India seeking writ in the nature of certiorari so as to quash Award dated November 2, 1987 (Annexure P-4) passed by Labour Court, Patiala.
(3.) RESPONDENT workman Stm. Sudhir Bala joined the petitioner Board as Dispenser in the pay scale of Rs. 160-10-250/15-400. At the time of revision of pay scales, she was also getting Rs. 30/- per month as special pay. The grades of different categories of employees of the Board were revised in the year 1980 with effect from January 1, 1978. On her re-designation as Pharmacist, respondent-workman was placed in the pay scale of Rs. 510-15-600/20-700/25-850-30-940 as against the existing grade of Rs. 160-400. By virtue of Regulation 4 of the Punjab State Electricity Board (Revised Scales of Pay) Regulations, 1980, an option was given to respondent-workman as also to all employees of the different categories of the Board to choose the revised scales or to continue drawing their pay in the existing scale. Under Regulation 5 of the said Regulations, respondent-workman was required to exercise her option in writing on the prescribed proforma within four months from the date of issue of the 1980 Regulations which was February 5 that if no opinion was received by the Board within the said period an employee had to be deemed to have chosen the revised scale of pay from the appointed day i. e. January 1, 1978. Respondent-workman did not exercise the option within the prescribed period and as such she was deemed to have accepted the revised scale of pay. The Board issued an order on August 12, 1980 that the special pay of respondent-workman had been abolished in the revised scale of pay but in order to protect the special pay, it was decided by the Board that special pay admissible in the existing scale shall be treated as personal pay which would be absorbed in future increments in order to avoid any possible loss to her and other similar situated employees of the Board. The Board had, thus, issued a circular to this effect on May 23, 1980. All other allowances i. e. Dearness allowance and other similar allowances were given to respondent workman by adding the special pay of Rs. 30/- to the basic pay.;