The employer cannot send the workman back to the previous post after he demanded the wage scale of a Typist.

( 1 ) THE instant writ petition has been tiled against the award of the Labour Court in adjudication case No. 122 of 1991 dated September 3. 1993 contained in Annexure 27 to the writ petition, by which the claim of the respondent No. 3, here in this petition (hereinafter called as the workman)has been allowed by the Labour Court directing the petitioners to designate the workman as typist and award him the wage scale of the Typist.

( 2 ) THE factual gamut of the instant case reveals that the petitioners had appointed the workman as Class-IV employee on November 23, 1977 but just after his employment he was deputed to work as Typist in the division, though he was appointed as Store Helper. There was a purpose of deputing the workman on type work as he was M. A. in Hindi and had the typing diploma as revealed by the affidavit dated August 18, 1988 filed by the General Secretary of the Union before the Labour Court, Annexure 16 to the writ petition. The workman continued to do the typing work for a long time and when he demanded the wage scale of the typist, he was sent back to the post of Store Helper vide order dated September 3, 1987, Annexure 10 to the writ petition.

( 3 ) THE matter was agitated by the labour union and a reference was made on March 28, 1988 under Section 4-K of the U. P. Industrial Disputes Act, 1947, (hereinafter called the Act) to the labour Court as under :

"is the action of the employer not promoting the employee Shri Girish Chandra Saxena, son of shri Sambhu Prasad, Store Helper, from whom work of typing is being taken, to the post of typist, valid and justified? To what relief, if any, he is entitled to and with what date and other details. "

( 4 ) THE petitioners as well as the workman filed their statements before the Labour Court and rejoinder statements were also filed. The only ground taken by the petitioners before the Labour court was that under the U. P. State Electricity Board Ministerial Establishment (Officers of the chief Engineer and Other Subordinate Officers) Regulations, 1970, the workman was not entitled to promotion to the post of Typist (R. G. C. /time Keeper ). According to the said regulations the said post of R. G. C. is to be filled up by direct recruitment on the result of competitive test. The petitioners further averred that as the question of promotion does not arise under the said Regulations, it was not within the competence/ jurisdiction of the Labour Court to pass any order regarding the promotion of workman as the reference had been made only whether withholding the promotion of respondent No. 3--workman to the post of Typist was justified or not. In support of his case the petitioners also examined one Shri S. P. Singh, executive Engineer as E. W. 1 before the Labour Court. However, he did not deny that respondent No. 3 - workman had not worked as a Typist from July 23, 1978 to September 3, 1987 and he was sent back as a Store Helper when the demand was made to give him the wage scale of Routine Grade Clerk, (hereinafter called as R. G. C. ). Further the said E. W. admitted that present petitioners had earlier promoted several Class-IV employees to Class-III as R. G. C. , particularly the employees namely, S/shri Misri Lal, Lal Bahadur Singh and Rajendra Singh.

( 5 ) AFTER hearing learned counsel for both the sides the Labour Court vide impugned award dated september 3, 1993 held as under :

(1) That the respondent No. 3-workman was appointed as a Store Helper in 1978 but he was deputed the work of typist from the date of appointment, i. e. July 23, 1978. (2) That respondent No. 3-workman worked as typist from July 23, 1978 to September 3, 1987. (3) That respondent No. 3-workman was sent back as Store Helper only when the demand was made to pay him wage scale of Typist. (4) That the employer had promoted several persons from Class-IV to Class-III posts, even prior to adjudication of the instant case. (5) That the reference was not whether withholding the