ORDER

1. Assailing the order dated 9.1.2007 passed by the learned Single Judge in allowing the Writ Petition No.3461 of 1999, the respondent No.1 therein is in appeal.

2. It is the case of the appellant that he was an employee in the respondent department working on the post of Driver. A post was created of Crane Operator (Plant Assistant Grade-I) in pursuance to the order dated 27.12.1979 in the pay scale of Rs. 425-15-435-18-557-EB-20-679 and the appellant was appointed against the said sanctioned post vide order dated 6.11.1981 under the temporary Work Charge Establishment on a fixed pay of Rs.550/-. His services were subsequently regularized and he was granted a pay scale of Rs.550-822/-. It is the case of the appellant that he was already working as a Crane Operator since his induction in service as a regular driver on 11.3.1976. The services are governed by Madhya Pradesh Industrial Relations Act, 1960 (for short “ the MPIR Act”) and also by Madhya Pradesh Electricity Board Regulation for revision of pay scale for Class-III and IV employees. It is his case that pay scale of Crane Operator was Rs.665-20-745-20-883-EB-25-1008 w.e.f 1.4.1980. The same was revised w.e.f 1.4.1984 from Rs.960-1480/-. Again revised from Rs.1550-2800/- w.e.f from 1.4.1989 again revised as Rs.3560-7700/- w.e.f 1.4.1994 and the same was again revised w.e.f 1.1.2001 as Rs.5100-10850/-. The appellant submitted various representations to the authorities for grant of revised pay scale in terms of the revision of pay rules applicable to the appellant but of no consequence. He preferred an application under section 31(3) read with section 64-A and 108 of MPIR Act before the Labour Court. The application was rejected by the labour Court vide order dated 19.8.1997 against which he preferred an appeal before the State Industrial Court under section 65 of the MPIR Act. The same was allowed vide order dated 13.5.1999 setting aside the order passed by the Labour Court directing the respondent/Board to give him proper pay scale of Rs. 665-1008/- of Crane Operator from the date of regularization of the appellant i.e 19.10.1982. The State Industrial Court further directed to pay the revised scales made effective from time to time. Against the order passed by the Industrial Court, the Board has preferred the writ petition on the ground that new posts of Crane Operator was sanctioned in the fixed pay scale of Rs.425- 697/- which is reflected from order dated 27.12.1979. The appointment of the appellant was made in pursuance to the order dated 27.12.1979. He was entitled to be granted the pay scale of Rs.425-697/-. The same was already granted to him as it was a new sanctioned post granted to the appellant in a fixed pay scale therefore the benefit of revised pay scale as applicable to Class-III and IV employees is not applicable in the case of the appellant. The writ petition came up for hearing and was decided by the impugned order dated 9.1.2007. The same was allowed on the ground that the appointment of the petitioner was against the newly sanctioned posts in terms of order dated 27.12.1979 in a fixed pay scale. The appellant having accepted the terms and conditions of the order dated 27.12.1979 was granted appointment on the post of Crane Operator in the fixed pay scale. Therefore, the benefit of pay scale of the Crane Operator cannot be extended to him. The aforesaid aspect was considered by the learned Labour Court. Therefore, the writ petition was allowed.

3. The same has been assailed by filing a writ appeal on the sole ground that the services of petitioners are governed by the Madhya Pradesh Electricity Board Regulations for revision of pay scale of Class-III and IV employees. The pay scales of Crane Operator are provided along with the revised pay scale from time to time. The appellant was already working on the post of Driver as a Crane Operator and was getting the pay scale and therefore is entitled to revised pay scale of the Crane Operator which is r