Gopal Krishan Vyas, J. - (1.) IN this writ petition, the petitioner late Jameel Ahmed has challenged the impugned order dt. 04.03.1994 (Annex. -7) whereby LRs. of the regular pay -scale allowed to the petitioner Late Jameel Ahmed on the post of Blacksmith w.e.f. 01.04.1974 was withdrawn and he was ordered to be fixed in the pay -scale No. 1 only.
(2.) DURING the pendency of the writ petition, the petitioner Jameel Ahmed died on 04.02.2007. Thereafter an application was moved by legal heirs of late Jameel Ahmed for bringing them on record. Vide order dt. 06.08.2007, the legal heirs of the petitioner late Jameel Ahmed were taken on record and amended cause -title has been filed in this case. According to the facts inter alia narrated in the writ petition, late Jameel Ahmed was initially appointed in the month of January, 1971 vide Annex. -1 at the rate of Rs. 5/ - per day and since his appointment late Jameel Ahmed was doing the job of welding in the respondent Board. Number of persons who were working on daily wage basis in different trades were not fixed in regular pay -scale nor they were regularized, therefore, looking to the serious problem in order to resolve the controversy, an agreement was arrived at in between the Rajasthan State Electricity Board and General Secretary, Vidhyut Mandal Majdoor Federation in Form 'C' in terms of Section 10 -B(I) of the Industrial Disputes Act, 1947. Two persons namely Shri Prithvi Singh and Shri A.C. Sancheti were appointed as Arbitrators in the said arbitration proceedings and award was passed for regularization of the employees working on the work -charged basis in the Board.
(3.) IN the first part of Award, paras 13 and 14 are relevant for the purpose of present controversy, which read as under: 13. Towards fixing in the Regular Pay Scales of the technical workmen of the categories/classification mentioned above, creation of corresponding number of posts with due regard to trade and norms prescribed/to be prescribed is necessary. It is noted by us that the process of creation of posts is in progress and it would take some time before these are created. We feel that on this account the fixing of technical workmen of the categories/classification mentioned above should not be withheld/delayed. Therefore, for all such employees (Technical workmen) covered by the said categories/classification, supernumerary posts shall be deemed to have been created on the respective dates corresponding to the number of the said employees to be brought on/into regular pay scales. This arrangement of creating supernumerary posts shall also apply to the cases of all those workmen who are due to be fixed in regular pay scale w.e.f. 01.04.1968 on completion of two or more years continuous services upto/as on 31.03.1968 as already agreed by the parties as per settlement dt. 20.07.1979 but so far could not be fixed in Regular Pay Scales as in force from time to time for want of creation of posts or to the extent lesser number of posts were created. As and when regular posts are created in terms of the norms of workload etc., corresponding number of supernumerary posts so created for these persons shall be accordingly adjusted.... 14. Classification Date from which Regular (Period of Service) Pay Scale to be given. (iii) Those who have completed 1st April, 1974 two years continuous service upto/as on 31.03.1974 and have been continuously in Board 's Service thereafter.;