J.V. Gupta, J. - (1.) This order will also dispose of CWP No. 4110 of 1987 arising out of a common order impugned in the two cases.
(2.) The petitioners filed their respective application u/s 33-C(2) of the Industrial Disputes Act claiming higher pay-scale with effect from 16th December, 1977, whereas they were allowed the same with effect from 8th August, 1978. According to the petitioners, Municipal Corporation Amritsar passed resolution dated 5th February, 1980 (Annexure PI) to the effect that the revised scales of pay be given to the petitioner from the said date, i.e. 16th December, 1977 but in spite of that the Corporation failed to do so. Thus, Hari Singh, petitioner claimed a sum of Rs. 9,218/- whereas Kewal Kumar, petitioner claimed Rs. 7,897.64 for the period 16th December, 1977 to February, 1980. The said application was contested by the Corporation, inter alia, on the ground that the resolution passed by the Corporation imposed a condition that the revised grades for provincialised category of posts would be admissible only after proper screening and that until that condition was satisfied the benefit could not accrue to the workmen. It was further pleaded that the case of the workmen for giving benefit to them with effect from 16th December, 1977 had been sent to the Examiner, Local Fund Accounts who rejected it on the ground that unless screened by the Government, the workmen could not be granted the scales from the date prior to the date of screening. The learned Labour Court after framing the issues came to the conclusion that it was only from the date of screening that the benefit of the pay scales could be claimed. According to the Labour Court, neither the Commissioner nor the Municipal Corporation were itself empowered to grant the benefit of the pay-scales to the petitioners and others holding the posts referred to in Resolution dated 5th February, 1980, unless they were recognised members of the concerned services. As a result of this finding, it was held that the workmen were not entitled to claim fixation of pay with effect from 16th December, 1977.
(3.) From a perusal of the resolution annexure P6 it is quite evident that the revised grades for provincialised categories were admissible only after due screening but at the same time the revised scales were allowed with effect from the date these were given to their counterparts in Class I Municipal Committees. Thus, argued the learned counsel for the petitioners, once their cases were screened by the screening committee vide Annexure P4 dated 20th January, 1983, the petitioners will be deemed to have become members of the respective Corporation with effect from 8th August, 1978, and they were, thus, entitled to the revised grades from 16th December, 1977 in view of the resolution Annexure PI.;