AMARESHWAR SAHAY, J. - (1.) IN this Writ Application, the petitioner M/s. Steel Authority of India Limited, Unit -Bokaro Steel Plant, Bokaro Steel City. Bokaro has challenged the Order dated 28.8.1999 as contained in Annexure 22 to the Writ Application by which, the Presiding Officer, Labour Court, Bokaro Steel City, Bokaro (Respondent No. 1) allowed the application under Section 33C(2) of the Industrial Disputes Act, 1947 filed by Shri Harihar Prasad Yadav (Respondent No. 2) holding that the applicant (Harihar Prasad Yadav) was entitled to get the present pay scale which was given to Shri D.L. Burnwal and he was entitled to get Rs. 1,86,816.54 paise only and since he was already paid a sum of Rs. 51,913.68 paise and as such, the Management was directed to pay the balance amount of Rs. 1,34,902.86 paise to him.
(2.) THE facts in short are that Shri Harihar Prasad Yadav (Respondent No. 2 herein) was appointed as Senior Operative Trainee (S.O.T.) along with several others including one Shri D.L. Burnwal in the year 1971 and both of them were having educational qualification of Diploma in Mechanical Engineering. After completion of training, both of them were posted in Water Supply Department as Chargeman Grade III in L -6 Grade in January, 1973. In the year 1978, Shri D.L. Burnwal enhanced his qualification by obtaining AMIE Degree whereas, the Respondent No. 2 obtained AMIE Degree on 6.10.1988. In January, 1979, an internal Circular was issued for filling up the post of Assistant Foreman (Mech.) in E -l Grade for Works Division within the Plant and for which, some prescribed criteria including qualification and experience were fixed. Total 83 candidates from all over the Plant including the present Respondent No. 2 Harihar Prasad Yadav and Shri D.L. Burnwal applied and both of them appeared in the selection test and interview and thereafter, total 31 candidates including Shri D.L. Burnwal were selected for those posts. The Respondent No. 2 Shri Harihar Prasad Yadav was not found suitable and therefore, was not selected to the post of Assistant Foreman (Mech.) in E -1 Grade. Accordingly, in August, 1980, those selected 31 candidates were given appointment to the post of Assistant Foreman (Mech.) in E -1 Grade. Shri Harihar Prasad Yadav (Respondent No. 2) filed a Complaint Petition under Section 33A of the Industrial Disputes Act before the Labour Court, Bokaro challenging his super Session in the year 1976 which was registered as M.J.C. No. 13/81. The Labour Court, by Award dated 10.12.1990 (Annexure -1) held firstly that the service condition of the complainant was altered in contravention of Section 33 of the Industrial Disputes Act while there was Industrial Dispute pending in which, the complainant was a concerned workman and secondly, by adopting unfair labour practice, the Management wrongly superseded the workman and therefore, the workman was entitled to same promotional benefits in Chargeman Grade II from the year, 1976 itself and he was entitled to get all consequential benefits and subsequent promotion from the date in which all his juniors were given promotion to the higher grade and he was entitled to maintain seniority over S.P. Chourasia, S.K. Nandi, R.A. Prasad and other junior persons with all consequential benefits.
(3.) THE Management implemented the Award of the Labour Court and granted promotions to the Respondent No. 2 Shri Harihar Prasad Yadav upto the ran of Assistant Manager, E -2 Grade but he was not given the arrears of pay. Shri Harihar Prasad Yadav challenged the said action of the Management by filing a Writ Application being C.W.J.C. No. 2808 of 1992 (R) wherein, he alleged, that the Award of the Labour Court was improperly implemented and the Management awarded him only notional benefits without any monetary benefits. In the said Writ Application, this Court, by order dated 24.2.1993 (Annexure -14) directed the Management to pay the entire arrears of pay to Shri Harihar Prasad Yadav. The Management, in compliance of the order of this Court, issued a letter dated 6/7.4.1993 to the petitioner (Respondent No. 2 herein) as contained in Annexure 15 calculated, computed and refixed the pay of Shri Harihar Prasad Yadav from 8.6.1976 to 31.10.1991 and paid him Rs. 51,951.19 paise against his pay, D.A. and other allowances. Shri Harihar Prasad Yadav thereafter filed a Contempt Application being M.J.C. No. 386 of 1993 (R) before this Court against the Managing Director, Bokaro Steel Plant and other officers alleging therein that he was not brought at par with Shri D.L. Burnwal. The Management contended that since Shri D.L. Burnwal, who was having better qualification then that of Shri Yadav and further that since Sri Burnwal had already been appointed to the post of Assistant Foreman (Mech.) E -1 Grade in which, Shri Harihar Prasad Yadav though also appeared but was not selected and therefore, he could not be equated with Shri D.L. Burnwal. This Court, by order dated 25.10.1994, dropped the contempt proceeding. Thereafter, one another Contempt Application being M.J.C. No. 368 of 1994 (R) was filed by Shri Harihar Prasad Yadav but that Contempt Application was also dismissed on merit in the year 1995. Thereafter, Shri Harihar Prasad Yadav filed an application under Section 33C(2) of the Industrial Disputes Act before the Labour Court and the Labour Court, by impugned order dated 28.8.1999, allowed the said application as already stated in paragraph 1 above.;