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1989 Supreme(SC) 532

K.N.SAIKIA, RANGANATH MISRA, P.B.SAWANT, K.RAMASWAMY, M.H.KANIA
U. P. Rajya Sahakari Bhoomi Vikas Bank LTD. – Appellant
Versus
Workmen – Respondent


Advocates:
CHANDAN RAMAMURTHI, J.N.TIVARI, M.A.KRISHNAMURTHY, M.K.RAMAMURTHY, MINAKSHI, S.JANANI, URMILA KAPUR

JUDGMENT

RANGANATH MISRA, J.:- This appeal is by special leave and is directed against the Award passed by the Industrial Tribunal (II), Lucknow, dated 12-12-1986 in ADJ Case No. 1 of 1987. The following question was referred to the Tribunal under S. 4-K of the U. P. Industrial Disputes Act, 1947.

Whether denial of pay-scale of, Rs. 150- 250 w.e.f. 1-4-1971 and Rs. 250-450 w.e.f. 1-8-1972 to their workmen mentioned in the annexure is justified and legal. If not, to what compensation and relief the workmen concerned are entitled and with what date and with what details ?

2. The Tribunal came to find on material placed before it:-

".......... the fact remains that the junior 65 workmen promoted retrospectively did the same work as those promoted by way of personal promotion from 1971 to 1984 and if 65 junior workmen were given higher wage from 1971 to 1984, the decision of the Bank to give such higher wage to workmen promoted by way of personal promotion only from 1-8-1984 is arbitrary and unjust. The principle of equal pay for equal work must prevail and the inequality in wage from 1-4-1971 to 31-5-1984 cannot be allowed to stand."

3. The Tribunals finding that both the groups were doin


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