PER AMARESHWAR SAHAY.J. - (1.) THE petitioner was employed as Fitter -cum -Waterman in Bokaro Steel Plant, Bokaro. The charge -sheet was served on him for misconduct of theft, by the Chief Personnel Manager on 23 -9 -1983 and an enquiry was initiated against him and thereafter he was terminated from his service. Then on a complaint filed by the petitioner under Section 33A of the Industrial Disputes Act, 1947, Miscellaneous Case No. 48 of 1995 was registered by the Labour Court, Bokaro Steel City. In the complaint, the petitioner has made a prayer for an award for his reinstatement with full back wages and other benefits. The Presiding Officer, Labour Court, Bokaro Steel City by his award dated 29 -3 -1998, found that the misconduct has been proved, but, however, considering the fact that the order of dismissal from service was too harsh and disproportionate to such a petty nature of misconduct, held that the petitioner be reinstated in service without back wages on the same post and pay, he last held and drew with continuity of service.
(2.) THE award of the Labour Court was challenged by the respondent by filing C.W.I.C. No.2205 of 1998(R), before this Court which was dismissed by a judgment dated the 8th of February, 1984 contained in Annexure -4 to the present writ application. After the dismissal of the writ petition, the respondents issued an office order dated 28 -1 -1995 contained in Annexure -2 of this writ application, whereby the petitioner was promoted notionally to the post of Fitter -cum -Waterman in the scale of Rs. 610 -904/ -with effect from 15 -7 -1988 and to Tech. (Fitter -cum - Waterman) in the scale of Rs. 1500 -2151/ - of cluster 'B ' with effect from 31 12 -1992, with a condition that the enhanced salary on account of promotion will be paid from the date of assumption of charge of grade/post to which the petitioner was promoted and no arrears of pay on account of annual increment/notional promotion/wage revision/stepping up would be paid prior to 5 -4 -1994.
(3.) THE petitioner is aggrieved by those operative part of the order as contained in Annexure -2, whereby he has been deprived of the monetary benefits of enhanced salary on account of promotion given to him by Annexure -2 to the writ application by the respondents.;