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1996 Supreme(SC) 625

G.T.NANAVATI, S.C.AGRAWAL
Chief Superintendent, Government Livestock Farm Hissar – Appellant
Versus
Ramesh Kumar – Respondent


ORDER

1. The respondent was employed as a Welder on daily-wage basis in the Livestock Farm at Hissar. He filed an application before the Industrial Tribunal-cum-Labour Court, Hissar (hereinafter referred to as the Tribunal") under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") wherein he claimed that he is entitled to receive the pay and allowances equal to that of a Welder employed on regular basis in the scale of Rs 250-500 to begin with and the scale of Rs 775-1025 with effect from 1-1-1986 onwards. The said application was opposed by the Management and it was submitted that the respondent is not entitled to any amount because he has been paid wages which are payable to daily-paid labourer and be has no right to bring such an application. The Tribunal, by its order dated 8-4-1992, allowed the said application of the respondent and it directed the Management to pay to the respondent the pay and allowances in the regular scale with effect from 30-11-1987 fixing mark he could not be retained as a Welder for such a long time. It was also urged on behalf of the Management before the Tribunal that there is no post a of Welder in the establ



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