IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11848 of 2007 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE ================================================================

1 Whether Reporters of Local Papers may be allowed No

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	No
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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GUJARAT ELECTRICITY BOARD NOW GUJARAT TRANSMISSION CORP. LTD Versus AKHIL GUJARAT VIDYUT KAMDAR SANGH FOR V.B. TRIVEDI EMPLOYE & 1 other(s)

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Appearance:

MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1 MR TR MISHRA (483) with MR UT MISHRA for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 03/05/2023

ORAL JUDGMENT

1. The present Special Civil Application is filed for the following reliefs:-

“(A) Be pleased to set aside and quash the judgment and award (Annex.G to the petition) of the Industrial Tribunal No.1 Gujarat at Rajkot in Ref.(IT) No.46 of

1994 and be pleased to dismiss the same.

(B) Be pleased to stay pending hearing and final disposal of the petition the operation, execution and implementation of the award (Copy Annex.G) of the Industrial Tribunal No.1 Gujarat at Rajkot.

(C) Be pleased to pass grant such other and further relief as the Hon’ble Court deems fit and proper.

(D) Be pleased to provide for the cost of the petition.”

2. The brief facts in the present case is that the respondent-workman came to be appointed as a trainee for the post of Helper on 24.09.1975. As per the said appointment, on satisfactory completion of the training and on passing the examination of Wireman/ITI, he would be eligible for consideration of appointment as a Helper and that if he becomes eligible for the appointment as Helper then he would be appointed on a probation for a period of six months, and thereafter, his appointment was permanent on the post of Helper. Accordingly, the respondent- workman accepted the said appointment as per the terms and conditions. He was appointed as a trainee. Thereafter, on successful completion of the training and after successfully clearing the Wireman/ITI examination, he was appointed as a Helper on probation for six months, and thereafter, he was confirmed on the post of Helper in the establishment of the petitioner.

3. In view of the GSO No.292, the petitioner revised the pay-scale and fringe benefits of its employees in the revised scales of pay with effect from 01.04.1978. The petitioner, who was in the pay-scale of Rs.240-5-250-6- 298-8-370, entitled for a revised pay-scale of Rs.260–6- 278-8-318-1-398-12-542. Accordingly, by Office Order dated 13.01.1983 the respondent was granted new pay- scale of Rs.272/- taking into account the weightage of service as trainee.

4. It is the case of the petitioner that thereafter the petitioner realized their mistake for fixation of the pay- scale in case of the respondent, and the pay-scale of the respondent-workman was re-fixed accordingly at Rs.260/- and order dated 19.07.1993 came to be also passed. Aggrieved, the respondent raised a dispute and the learned Assistant Labour Commissioner, Rajkot referred the dispute being Reference (IT) No.46 of 1994 to the Industrial Tribunal, Rajkot. The petitioners disputed the claim of the respondent-workman and evidence came to be led by both the parties in support of their contentions. By the impugned judgment and award, the learned Industrial Tribunal was pleased to allow the Reference of the respondent-workman and held that the reduction in the pay-scale,

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