BHARTIYA PALI JILA JALDAI MAJDUR SANGH Vs. THE JUDGE, LABOUR COURT, JODHPUR & ORS.
LAWS(RAJ)-2011-11-114
HIGH COURT OF RAJASTHAN
Decided on November 25,2011

Bhartiya Pali Jila Jaldai Majdur Sangh Appellant
VERSUS
The Judge, Labour Court, Jodhpur And Ors. Respondents

JUDGEMENT

VINEET KOTHARI - (1.) HEARD learned counsels for the parties.
(2.) By this writ petition, the petitioner - Union has claimed that its members, named in Schedule -A annexed with the writ petition, the workmen -petitioners, who were originally appointed as "Beldar", were up -graded as "Helper" vide order Annex -5 dated 04.07.1996 even though they were originally, at the time of appointment as "Beldar" in the year 1989 -90, were holding the qualification of 8th pass and, therefore, after two years, as per Standing Orders, they should be given the status of 'semi -permanent' as 'Helpers' and not as "Beldar". Upon this relief being not given, they approached the Industrial Tribunal by way of reference under Section 10 of the Industrial Disputes Act, 1947, and the learned Industrial Tribunal vide the award Annex -7 dated 25.09.2001 granted them the relief of being given 'semi -permanent status' upon completion of two years from the date of their initial appointment as "Beldar".
(3.) LEARNED counsel for the petitioner, Mr. Sanjeet Purohit, urged that this writ petition has been filed seeking relief that they should have been given 'semi -permanent' status after completion of two years as "Helpers" with the higher pay scale because they were already possessing the qualification of 8th pass and, therefore, to that extent the award of the learned Industrial Tribunal Annex -7 dated 25.09.2001 deserves to be modified.;


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