- (1.) THE petitioner, Management of Bokaro Steel Plant, Steel Authority of India Ltd., Bokaro, has preferred this writ petition for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the award dated 10.8.2001 (pronounced on 25.1.2002), passed by the learned Presiding Officer, Labour Court, Bokaro Steel City, in Reference Case No. 12 of 1998, whereby and whereunder, a direction has been issued to the Management of B.S.L. to revise the pay scale and grade of Field Assistants, working in Raw Materials Department at par with the pay scale and grade of Field Assistants, working in the Civil Engineering and Town Administration Department of B.S.L., with retrospective effect from the date of their respective appointment as a Field Assistant in Raw Material Department.
(2.) THE facts, in brief, are set out as under: The Field Assistants of Raw Materials Department were appointed in the year, 1976 and 1982 -83 in L -3 Grade in the pay scale of Rs. 330 -440/ - and, accordingly, they joined the services of Bokaro Steel Ltd. and also availed promotion in their line. Thereafter, on 7.8.1997 Bokaro Steel Rastriya Mazdoor Sangh through its General Secretary, respondent no.1 herein, raised a demand on behalf of 59 Field Assistants,' working in the Raw Materials Department, inter alia, claiming parity in the grade and pay scale applicable to the field Assistants of the Civil Engineering Department with effect from 1.1.1976. The said demand was not acceded to, which led to reference of dispute by the then State of Bihar vide notifi0ation dated 1.7.1998 and the same was registered as Reference Case No. 12 of 1998. The following dispute was referred for adjudication before the Labour Court, Bokaro Steel City: - (i) Whether not to give L -4 post and pay scale of 56 Field Assistants of Raw Materials Department of Bokaro Steel Plant, Bokaro Steel City, mentioned in Annexure "A" at par with the Field Assistants of other two departments justified? If not what any other relief the workmen is entitled to? The learned Presiding Officer, Labour Court, Bokaro, vide its impugned Award dated 10th August, 2001 signed on 25.1.2002, directed as under: - "In the result the management of B.S.L. is hereby directed to revise the pay scale and grade of Field Asstts. working in Raw Materials Deptt. at par with the pay scale and grade of Field Asstts working in the Civil Engineering and Town Administration Deptt. of B.S.L. with retrospective effect from the date of their respective appointment as a Field Asstts. in Raw Materials Deptt. Accordingly this reference is disposed of and the award is being submitted to the Govt. which should be implemented within three months from the date of pronouncement of the Award."
(3.) THE management of Bokaro Steel City has challenged the aforesaid Award in the present writ petition. The main argument raised on behalf of the Management is that some of the Field Assistants of Raw Materials Department were firstly appointed in the year 1976 in L -3 Grade in the pay scale of Rs. 330 -440/ - and upon selection they accepted the same and joined their service as Field Assistants, Raw Materials Department of Bokaro Steel City. Rest of the Field Assistants joined in the year 1982 -1983. It has further been contended that no grievance or objection was raised either at the time of joining or thereafter. It has also been submitted that the Field Assistants in Raw Materials Department subsequently accepted their specific line of promotion without protestor demur.;