Judgment:

Dr. Mukundakam Sharma, J.

1. Leave granted.

2. The issue which arises for consideration in this appeal is whether the post of Boiler Overhauling Mechanic is equivalent to that of the post of Boiler Mistry or Fitter so as to enable the workman, respondent herein to draw higher pay scale than what is being given to him. There is no dispute with regard to the fact that the post of Boiler Overhauling Mechanic is a different post than that of the post of Boiler Mistry which is equivalent to that of Fitter in `Skilled - A Category.

3. The workman, respondent herein was appointed as coolie in the service of the appellant Board with effect from 1.4.1969 in the pay scale of Rs. 55-90. He was thereafter designated as Helper in the same pay scale of coolie and worked in the said post till 13.9.1977. Thereafter he appeared before the Selection Committee No. 2 for being promoted to the post of Boiler Overhauling Mechanic. In the said selection, by order dated 13.9.1977 the respondent was declared successful consequent upon which he was offered the post of Boiler Overhauling Mechanic in the then pay scale of Rs. 80-145. The aforesaid pay scale, however, has been revised with the passage of time. He joined the duties of Boiler Overhauling Mechanic on 14.9.1977 and since then he performed his duties accordingly. It is stated that he was also looking after the work of Fitter in addition to the work of Boiler Overhauling Mechanic. In terms of the policy his employment in the Board was confirmed as against the post of coolie with effect from 1.4.1976 under order issued by the competent authority on 14.9.1978.

4. The allegation was that one Shri Jogeshwar Prasad, who was working at Sohawal Power House, Faizabad as Boiler Mistry was given the status of `Skilled-A worker and was given the pay scale of Rs. 150-285 with effect from 1.4.1969. The respondent-workman claimed that the same pay scale which has been given to Jogeshwar Prasad should also be given to him. In terms thereof he raised an industrial dispute contending inter alia that since the work of Boiler Overhauling Mechanic and Boiler Mistry are identical and the nature and responsibilities are also similar, he is entitled to get the same pay scale on the principle of equal pay for equal work. He claimed that his pay should be fixed in the pay scale of Rs. 150-285 with effect from 1.4.1977, as revised from time to time.

5. The aforesaid industrial dispute raised by the Union on behalf of the respondent-workman was referred to the Tribunal for adjudication under the following terms:

"Whether the employers should give pay scale of Skilled Category -A to Shri Aziz Ahmad, son of Shri Rashid Mohammad, Boiler Overhauling Mechanic? If yes, then from which date and with what other details?"

6. The Tribunal, on receipt of the aforesaid reference, issued notices to the parties upon which the parties appeared and filed their respective pleadings. The evidence was also led by the parties by producing witnesses in support of their case. The Tribunal, after hearing the parties, passed an award on 17.2.1999 holding that the work being done by the workman Aziz Ahmad as Boiler Overhauling Mechanic is the same as the work of Fitter and that the pay scale of the posts of Boiler Mistry and the fitter was Rs. 150-285 and that on the settled principle of equal pay for equal work, workman Aziz Ahmad is entitled to the same pay scale as that of the Fitter. The Tribunal held that the said workman Aziz Ahmad would be entitled to the pay scale of `Skilled-A category as admissible to Fitter with effect from 14.9.1977, but however, as he appeared before the Conciliation Board in 1989, it was held that he would be entitled to the benefit of the aforesaid pay scale only with effect from 1.1.1989.

7. Being aggrieved by the aforesaid award passed by the Industrial Tribunal, the appellant Board preferred a writ petition in the High Court of Allahabad which was entertained and was heard on merit. The learned Single J