S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the Management of Bokaro Steel Plant (Steel Authority of India Ltd.), Bokaro Steel City, Bokaro against the award dated 23rd October, 1999 passed in Reference case No. 1/97.
(2.) BY the impugned award, the learned Presiding Officer, Labour Court. Bokaro Steel City, while answered the question in favour of workmen, held the workmen entitled to get L -3 Grade from 27th July, 1979 and further promotion to L -4 Grade, and higher grade onwards with difference of wages and consequential benefits. The case of the Management is that the workman Shri H.B. Rajaks name was sponsored by the Employment Exchange for the post of Lab. Attendant in the scale of Rs. 330 -440 (L -3 Grade) and was interviewed by duly constituted Selection Committee, consisting of a representative of the Govt. of Bihar. Out of 41 candidates, 28 candidates, including the workman. H.B. Rajak appeared in interview on 12th August. 1977. None of the candidates were found to have possessed the requisite qualification and/or experience for appointment to the post. However, there being urgent requirement, the Selection Committee having found the workman. H.B. Rajak, suitable for lower scale of Rs. 310 -400/ - (L -2 Grade) and partly because he was a Scheduled Caste, recommenced for appointment as Lab. Attendant, though the Govt. representative gave his note of descent. In the aforesaid background, the workman was given appointment as Lab. Attendant in L -2 Grade (Rs. 310 -400/ -) in the year 1977 and subsequently granted promotion to L -3 Grade (Rs. 330 -440). After such promotion, the workman, Shri H.B. Rajak, suddenly woke up and made representation in the year 1985 to the effect that he should have been given L -3 Grade (Rs. 330 -440) since his appointment and promotion to higher grade.
(3.) IT appears that the Government of Bihar issued Notification dated 7th November, 1996 for adjudication of dispute under Section 10(1)(c) of ID Act, 1947 and made the following reference : "Whether not to give pay scale of L -3 to shri Harbilas Rajak Library Assistant, Staff No. 380238. M/s. Bokaro Steel Plant, Bokaro Steel City by the management is proper? If not what relief the workman is entitled to - It was answered in favour of petitioner, as stated above.;