- (1.) The Punjab State Power Corporation, Patiala has filed the instant writ petition impugning the order dated 5.6.2012 passed by the Presiding Officer, Industrial Tribunal, Bathinda whereby application filed by respondent No. 2 under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') has been allowed and directions had been issued to pay the difference of salary by treating the workman as a full time Sweeper w.e.f. 27.8.2001. As per claim application submitted by respondent No. 2, she was serving as part time Sweeper since 1974 but in March 1992, her salary was reduced and such action was challenged before Labour Court, Bathinda and vide order dated 13.9.1993, directions were issued to treat her as a full time Sweeper and to make payment of salary accordingly. Thereafter, her working hours were reduced to six hours vide order dated 21.9.1995 and further reduced to four hours per day on 10.7.1998 and salary was reduced accordingly. Even such action was assailed and Labour Court, Bathinda vide order, dated 4.10.2000, issued directions to release full salary to her. In the application under Section 33-C(2) of the Act, it was asserted that vide letter dated 27.8.2001 issued by the S.D.O., M.E. Sub Division, P.S.E.B. Bathinda, her salary had again been reduced by treating her working hours to be four hours daily. Claim was to grant to her salary by treating her as a full time Sweeper from 27.8.2001 and the same has been allowed in the light of impugned order dated 5.6.2012 at Annexure P5.
(2.) Learned counsel for the parties have been heard at length.
(3.) Section 9-A of the Act reads in the following terms: "9A. Notice of change - No, employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,- (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or (b) within twenty-one days of giving such notice; Provided that no notice shall be required for effecting any such change- (a) where the change is effected in pursuance of any [settlement or award]: or (b) where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.";