Veerender Singh Siradhana, J. - (1.) THE petitioners, relying upon the judgment/order dated 18th March, 1997, rendered in SBCSA No. 301/1996 (RSEB through Secretary Vs. Sh. Raj Kishore), decided on 18th March, 1997, have instituted the present writ application, praying for the following relief(s): "It is therefore prayed that your Lordships may kindly be pleased to accept and allow this writ petition and your Lordships may kindly be pleased to direct the non -petitioners to re -fixed the pay of the petitioners in accordance with the Rajashan Civil Services (RNPS) rules, 1976 corresponding to Rajasthan Civil Service (RNPS) rules, 1983 and Rajasthan Civil Service revised pay scale rules, 1987 and accordingly the non -petitioners may be directed to release the arrears of salary to the petitioner with @ 18% interest per annum. The benefits of pay revision declared by Government of Rajasthan may also be awarded to the petitioners and accordingly the petitioners may be fixed in revised pay scales the non -petitioner directed to fix the pay of the petitioners with all consequential benefits. Any other appropriate writ order or direction which may be considered just and proper in the case and facts and circumstances of the case may kindly also be issued in favour of the petitioners."
(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy needs to be first noticed. In the backdrop of an agreement entered into between the Secretary, Rajasthan State Electricity Board, (RSEB) and the President, Prantiya Vidhyut Mandal Mazdoor Federation, Jaipur, the matter was referred under the provisions of Section 10(B) of the Industrial Disputes Act, 1947 (for short, the Act of 1947) for arbitration on 30th April, 1983, vide notification published on 26th September, 1983. The relevant terms of reference reads thus: "Wages Increase: (A) What should be the Minimum Wages for regular unskilled workmen of Rajasthan State Electricity Board in Pay Scale No. 1 with effect from April 1, 1980? (B) What should be the wage structure of different categories of workmen of Rajasthan State Electricity Board covered under Pay Scale No. 1 to 6 with effect from April 1, 1980? (C) What should be the rules of fitment in the revised Pay Scales with effect from April 1, 1980? (D) Whether the demand of the workmen for minimum guaranteed increase to all existing regular workmen in scale No. 1 to 6 is just and proper? If so, what should be minimum guaranteed increase with effect from April 1, 1980?." Thus, wage structure of different categories of workmen of erstwhile RSEB, within the ambit of pay scale No. 1 to 6 w.e.f. 1st April, 1980, was the moot question for determination by the arbitrators. The case at hand relates to pay -scale No. 6 i.e. 550 -960, which was revised to 720 -1340. The reference was published in the month of May, 1983, and awarded on 20th May, 1985. One Shri Raj Kishore, in the pay scale of Rs. 550 -960, was promoted as a Settlement Officer on 27th March, 1982 in the scale of 620 -1100. The erstwhile respondent -RSEB made orders on 7th August, 1985 for implementation of the award with clarification making it applicable to the Board's employees in the pay scale during the period 1st April, 1980 to 31st August, 1983 and the employees appointed on or after 1st April, 1983, were to be fixed at minimum of the revised pay -scales etc. Other orders dated 19th December, 1988 and 10th May 1989, were also issued for the purpose of implementation of the award dated 20th May, 1985, which resulted into reduction in pay and as a consequence recovery was to be effected and the excess amount, if any, paid was to be adjusted from the future pay of the employees.
(3.) SHRI Raj Kishore challenging the legality, validity and correctness of the orders issued for the purpose of implementation of the award dated 20th May, 1985, instituted a civil court for he did not fall within the 6th pay scale as had already been promoted to the post of Settlement Officer in the scale of Rs. 620 -1100. The civil suit was dismissed vide order dated 19th August, 1994.;