J. C. Verma, J. - (1.) This is a special appeal filed by Rashtriya Bijali Karmachari Sangh against the Single Bench Judgment dated 12-12-1985 praying for restoration of Labour Court award dated 3rd March, 1983 and for setting aside the order of the learned single Judge by dismissing the writ petition tiled by the respondent-Board and further to fix the pay of the workmen involved at Rs. 420/-. In the pay scale of Rs. 370-570 w.e.f. 1st April, 1982, because the workmen were fixed in this scale No. 3 w.e.f. 1-4-77 by the binding Arbitration Award.
(2.) The facts of the case are that appellant had filed the application under Sec. 33(C)(2) of the Industrial Disputes Act for commuting the benefits as per the entitlement in accordance with the Government instructions to the workmen involved in the case. The admitted facts are that workmen involved in the case were appointed as apprentices under the Apprentices Act, 1961 and after completing apprenticeship period satisfactory, they were given the regular employment w.e.f. 1st April, 1977 in the pay scale of 55-2-75-3-90-118. The respondents had formulated an employment promotion programme, giving benefits to all the workmen who had completed the period of apprenticeship and appointed on 1-4-77, after such completion, fixation of pay scale No. 3 w.e.f. 1-4-77 and a prayer was made in the application under Sec. 33(C)(2) that in view of the instructions of the respondents, they were entitled to be fixed at the rate of Rs. 420/- per month in the scale No. 3 i.e. 370-570 w.e.f. 1-4-77. This application was opposed by the respondents before the Labour Court. The Labour Court vide its award dated 3-3-1983 had accepted the contention of the workmen and directed the respondents to make commutation of the salary of the concerned workers at the rate of Rs. 420/- per month, as prayed. The Labour Court had held that workmen concerned were appointed as apprentices in the year 1975 and after completing apprenticeship period satisfactorily were given employment on 1-4-77 in different trades and further held that arbitration awards dated 31-5-1978 and dt. 15-6-79 was also applicable in the case of the petitioners. It was also admitted that respondents had granted to the petitioners, the pay scale of Rs. 370-570 as per pay scale No. 3, but later on the Board had modified to grant said pay scale from 1-4-79 instead of 1-4-77, i.e. the pay scale which was earlier made applicable from 1-4-77 was withdrawn and was made enforcible from 1-4-79. The fixation of the pay scale was changed with further direction that pay scale of the workmen be fixed as per changed executive order, thus, the arbitration award has been ignored. On the issue whether application under Sec. 33(c)(2) was maintainable or not, it was held by the Labour Court that workmen were entitled to the benefits of pay scale No. 3 as fixed by the arbitration award and Labour Court was competent to adjudicate to the fact whether the workmen also fall under the provisions of the award and whether the benefits is to be given to them or not. The Labour Court, had also given finding that as per the instructions of the respondents, arising out of the arbitration award, the workmen in question were entitled. The application was accepted.
(3.) Being aggrieved against the award, the Rajasthan State Electricity Board had filed Civil Writ Petition No. 736/84, which was ultimately decided by the learned single Judge vide order dated 12-12-85. Rashtriya Bijali Karmachari Sangh, appellant has challenged the same in the present appeal.;