- (1.) Heard learned Counsel for the parties. Briefly stated, the facts of the case are, that the State Government made reference under section 10 of the Industrial Disputes Act before the Industrial Tribunal, Kota vide notification dated 3rd June, 1997, as to, 'whether the action of the employer for not granting regular pay scale to workman w.e.f. 1st April, 1983 in place of 1st April, 1989 was just and valid? If not, to what relief, the workman is entitled to? The Industrial Tribunal, vide its award dated 18th November, 1999, answered the reference in favour of the workman holding that workman Karam Singh is entitled for regular pay scale w.e.f. 1st April, 1983 after his regularisation from the said date and action of employer in not regularising him and in not making payment of regular pay scale w.e.f. 1st April, 1983 in place of 1st April, 1989 is not just and valid. Being aggrieved with the aforesaid direction, the employer filed S.B. Civil Writ Petition No. 699/2001 before Single Bench, which was dismissed vide order dated 2nd July, 2001. Being aggrieved with the order of Single Bench, the employer preferred present intra-Court appeal.
(2.) It is relevant to mention that intra-Court appeal filed by appellant was dismissed by Division Bench of this Court vide judgment dated 1st May, 2003. However, after grant of special leave petition, filed on behalf of employer/appellant, the Civil Appeal No. 1042/2006 was allowed by the Hon'ble Apex Court and after setting aside the order of this Court dated 1st May, 2003, remitted the matter to this Court for de novo consideration in the light of law laid down in Civil Appeal No. 254/2004, which was decided along with Civil Appeal No. 1042/2006.
(3.) Submissions of the learned Counsel for the appellant is that the Industrial Tribunal examined the case of workman beyond term of reference. The Tribunal, not only directed to pay regular pay scale to workman w.e.f. 1st April, 1983 but also directed to regularise him w.e.f. 1st April, 1983, which is per se illegal. He submitted that Screening Committee had already considered the case of workman for award of regular pay scale as well as for regularisation w.e.f. 1st April, 1989. He further submitted that the term of reference before the Industrial Tribunal was in respect of award of regular pay scale from 1st April, 1983 and there was no reference with regard to regularisation of workman w.e.f. 1st April, 1983. He therefore, submitted that award passed by Industrial Tribunal for regularisation of workman w.e.f. 1st April, 1983 be set aside.;