- (1.) Since the aforesaid writ petitions raise a common question of law based on similar facts, they were taken up together for hearing and therefore, are being decided by a common judgment. For convenience, however, facts of only one case namely, S.B. Civil Writ Petition No. 1408 of 2004 Madan Singh v. The Judge, Labour Court and others are being referred to.
(2.) The petitioners who were all working with the erstwhile Rajasthan State Electricity Board (for short "management") submitted their claim before the Joint Labour Commissioner of the State of Rajasthan complaining that even though they were actually working on the post of vehicle driver, the management has not given them the status of vehicle driver and was not making payment of their salary on the aforesaid post. On receipt of the failure report, the appropriate government by order dated 24th December, 1996 made a reference to the Labour Court, Jodhpur on the question whether action of the respondents in not regularising services of the workmen on the post of vehicle driver after they have rendered services of one year on such post and not making payment of the salary and other allowances of such post was legally justified and if not, what relief the workmen Devi Singh, Girdhari Singh, Sohanlal, Sultan Singh, Narpat Singh, Ganpat Singh, Rameshwar Lal, Madan Singh, Dhanna Ram, Sajjan Singh, Kalu Ram, Bhoor Singh were entitled to. While the first five writ petitions have been filed against common award dated 14th February, 2003 arising out of the said reference made on 24th December, 1996, facts in the case of Harka Ram v. R.R.V.P.N. Ltd., S.B.C. Writ Petition No. 2596 of 2002) are slightly different although substantially similar issues are raised in that case too.
(3.) The workmen in their statement of claim filed before the learned Labour Court maintained that even though their initial appointment was made on the post of Helper but in view of the fact that they possess the driving licence and know how to drive the vehicles, the management has been taking from them work of vehicle driver. But the management is not paying their salary according to scale No. 3 which is applicable to that post. This action of the management was contrary to the terms of the settlement arrived at between the management and the workers on 22/23rd April, 1971. According to this settlement, if a workman has worked more than one year on the post of vehicle driver, he would be eligible for appointment on the post of vehicle driver and after completion of one year, he shall be granted benefit of salary and pay fixation of the said post. Even though all these workmen have been discharging duties of vehicle driver for a very long period and have been repeatedly requesting the respondents to grant them the salary and allowances on the post of vehicle driver, the management has not redressed their grievances. In these circumstances, the workmen had to file a writ petition before this Court. This Court however dismissed the writ petition on the ground of availability of alternative remedy before the Labour Court under the Industrial Disputes Act, 1947. It was stated that the aforesaid settlement was still in force and pursuant to the terms of the said settlement, one Kalyan Mal Saini who was earlier helper was granted the benefit of pay scale and was appointed on the post of vehicle driver vide order dated 31.3.1990 w.e.f. March, 1980. Similarly, other helpers namely Prema Ram, Ram Dhan and Pema Ram were also granted the same benefits of the post of vehicle driver from the year 1987. Reference was made to the cases of Bajrang Singh, Kaisar Singh and Surja Ram Jat who were also granted the status of vehicle driver and salary and allowances attached to the said post by Superintending Engineer (TCS), Rajasthan Rajya Vidhyut Nigam, Ajmer. Similarly workmen Chagan Lal and Babu Singh were also allowed such benefits after completion of one year while working as vehicle driver. Reference was also made to the case of one Shivcharan Lal Soni in whose favour an award was passed by the Industrial Tribunal.;