ORDER

The Dalmia Dadri Cement Limited came to be closed on 18.3.1980 when the services of its employees including respondent No. 2-Bhim Sain Prabhakar were terminated. However, services of 95 employees were retained. Thereafter, under the Dalmia Dadri Cement Ltd. (Acquisition and Transfer of Undertaking) Act, 1981 the undertaking of the Dalmia Dadri Cement Limited stood vested in the Government of India and its management was handed over to M/s. Cement Corporation of India who is the appellant before us.

2. Respondent No. 2 was appointed afresh with effect from 31.12.1981 pursuant to the letter of appointment dated 18.12.1981 offering him fitment in grade IV in the year 1985-86 and that arrears would be paid only from 1.1.1984. Thereafter, respondent No. 2 filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 claiming that he is entitled to be fitted in grade-V with effect from 1.1.1982 with three service weightage increments placing reliance upon the award made on 18.7.1983 by the Arbitrators in the industrial dispute between the workmen in the Cement Industry represented by the Indian National Cement and Allied Workers Federation, Bombay and the Employers