- (1.) THIS petition for writ is preferred to question correctness, validity and propriety of the award dated 26.03.2012 passed by the Industrial Tribunal, Bhilwara.
(2.) THE factual matrix necessary to be noticed is that respondent-workman Chaturbhuj Mali entered in the services of the petitioners being employed as Ward Boy on 05.12.1992. The Chief Medical and Health Officer, Pratapgarh and the Senior Medical Officer, Bhainsroadgarh by the order dated 01.10.1993 terminated him from service and the termination aforesaid was subject matter of an industrial dispute that came to be referred for its adjudication to the Labour Court, Bhilwara by the appropriate government under a notification dated 29.05.1997. The Labour Court answered the reference by the award Annex.1 holding that Mr. Chaturbhuj was employed only on part time basis, therefore, no need was there to adhere the provisions of Section 25-F of the Industrial Disputes Act, as such, his discontinuation from service with effect from 01.10.1993 was just and proper. Validity of the award aforesaid was challenged by way of filing a petition for writ (S.B. Civil Writ Petition No.526/2000), that came to be disposed of on 07.07.2000. A Single Bench of this court set aside the award and remitted the industrial dispute to the Labour Court for its fresh adjudication. In pursuant to the judgment dated 07.07.2000, the industrial dispute was re- adjudicated and by the award dated 26.02.2003, the learned Labour Court declared the termination of workman Mr. Chaturbhu a retrenchment effected without adhering the mandatory condition precedent to do so. Accordingly, a direction was given to reinstate him in service with all consequential benefits. In pursuant to the award aforesaid, reinstatement of the workman was made under an order dated 12.08.2005 passed by the Chief Medical and Health Officer, Chittorgarh. The reinstatement of the respondent-workman was made at the rate of Rs.200.00 per month on the temporary basis till further orders and subject to final decision of S.B. Civil Writ Petition No.728/2004. Learned counsel for the petitioner at this stage submitted that as a matter of fact, the number of writ petition No.728/2004 given in the order dated 12.08.2005 is not correct. Be that as it may, an another dispute was raised by the workman for grant of regular pay scale pertaining to the post of Ward Boy to him and that was referred for its adjudication by the appropriate government under a notification dated 21.01.2010. The Industrial Tribunal by the award dated 26.03.2012 arrived at the conclusion that from the very beginning, the workman was discharging the duties exactly similar to the regularly selected Ward Boys and therefore, he was entitled for getting the pay by maintaining parity with the regularly selected incumbents. A direction, thus, is given to allow regular pay scale with all consequential benefits to the respondent-workman from the date of his initial appointment, i.e. 05.12.1992. Being aggrieved by the award impugned, this petition for writ is preferred.
(3.) THE submission of the learned counsel for the petitioner-employer is that the appointment the respondent- workman was given on temporary basis and that too on consolidated salary, therefore, no direction could have been given for granting regular pay scale to the workman.;