- (1.) This petition has been moved by the State of Punjab and others under Articles 226/227 of the Constitution of India for quashing the award dated 28.11.1995 (Annexure P.9).
(2.) The facts giving rise to this petition are that Baldev Raj, respondent was appointed as Cleaner in the pay-scale of Rs. 30-1/2-35 in the month of December, 1962. He joined his duty as Cleaner on 21.12.1962. Till today, he is working as such in the office of the petitioner. As per Punjab Pay Commission Recommendation and Punjab Government Civil Services (Revised Pay) Rules, 1986, the option was sought. As per his option as Cleaner, his (workman-respondent) pay was revised accordingly. Now he is drawing pay of Cleaner in the scale of Rs. 800-1455/-, Basic pay Rs. 1280+25/-. The duties of Cleaner is to wash and clean the vehicle of the petitioner. He has been assigned the duties accordingly. He was never appointed/promoted as Electrician Class III post by the petitioner. There is only one sanctioned post of Electrician in the office of petitioner No. 2. Against this post, Tehal Singh, etc., have already been working as Electrician. The respondent-workman is illiterate. Lastly, it has been prayed that the impugned award is liable to be set aside on the grounds embodied in this petition.
(3.) In the written statement, the respondent-workman has inter-alia pleaded that the State has no cause of action to file this petition because the Labour Court in its order dated 28.11.1995 (Annexure P.9) has directed the State to pay wages with effect from 1.1.1978 to 31.12.1992 for which the answering respondent has worked as Electrician. It is a finding of fact returned in favour of the answering respondent. As per Ex.AW2/2 dated 23.10.1978, Ex.2/6 dated 14.5.1983, Ex.AW2/7 dated 27.4.1981, Ex.AW2/1 dated 26.4.1985 and Ex.AW2/2/1 dated 8.5.1992, the answering respondent has worked as Electrician for the aforesaid period. Lastly, it has been prayed that this petition may be dismissed. The following issues were framed by the learned trial Court :- 1) Whether the application is barred by res judicata? 2) Whether the applicant has no existing right to make the claim ? 3) Whether the applicant is entitled to the amount claimed ?;