HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writs No. 25866/2018

1. Jaipur Vidhyut Vitaran Nigam Limited, Through M.D./chairman, Near Vidhan Sabha, Vidhyut Bhawan, Jaipur.

2. Assistant Engineer, Jaipur Vidhyut Vitaran Nigam Limited, L.t.b.ii, Chomu House, Jaipur.

----Petitioners Versus Vidhyut Shramik Karamchari Akta Union (Citu), Jaipur District, Jaipur Through Secretary, Mazdoor Bhawan, Hatwara Road, Jaipur.

----Respondent For Petitioner(s) : Ms. Priya Pareek and Mr. Sandeep Singh Shekhawat For Respondent(s) :

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

05/12/2018

1. The petitioners, by way of this writ petition, assail the award dated 21.02.2018 passed by the Judge, Industrial Disputes Tribunal, Jaipur whereby the workman- Govind Ram has been directed to be granted benefits of the pay scale of Carpenter w.e.f. 03.04.1981 and also given the consequential revised pay scale of Carpenter and released the arrears accordingly.

2. Learned counsel for the petitioners submits that the workman- Govind Ram had been regularized on the post of Helper Grade-II as he was unskilled labourer in terms of Singh Sancheti Award. Accordingly, learned counsel submits that the award passed by the Tribunal could not have been ordered as there was no post specified as Carpenter and as per the Technical Workman Service Regulations, 1975, in the skilled category only those workmen should be fixed who were initially appointed on the same. Learned counsel has relied on the judgment passed in the case of RSEB Vs. Naval Kishore in Civil Appeal no.5193/2003 decided on 10/11/2009, wherein the Supreme Court held that the Court should not fix pay scale as fixation of pay scales is a complicated exercise which has financial implications and cascading effect. It is for the concerned authorities to fix the pay scales and not for judges. Learned counsel for the petitioners submits that the workman Govind Ram was rightly fixed in the pay scale of Helper Grade-II and further promoted on the post of Helper Grade-I.

3. I have heard learned counsel for the petitioners and examined the submissions raised before this court. In the light of the judgment passed by the Judge, Industrial Tribunal, Jaipur, this Court finds that the Industrial Tribunal possesses powers under the Industrial Disputes Act to examine the case relating to a dispute in relation to the pay scale to which workman is entitled. The Industrial Tribunal has, after examining the facts of the case and relying upon the evidence of both the workman as well as the representatives of the petitioners, reached to the conclusion that in cross-examination Assistant Engineer of JVVNL admitted to the fact that the initial appointment of the workman was on the post of Carpenter which is explicit from the service record showing him as a Carpenter. Keeping in view the same, the Judge, Industrial Tribunal has proceeded to notice that all the Carpenters who were initially appointed were regularized on the said post in terms of Singh Sancheti Award, while the workman was appointed as Helper Grade-II.

4. In view of the fact that the petitioners have themselves mentioned at several places including the letters sent to the Labour Commissioner of the petitioner that workman having been appointed as Carpenter on 08.02.1979. The Industrial Tribunal has reached to the conclusion that the workman-Govind Ram was entitled to be treated as a Carpenter w.e.f. 08.02.1979 on daily wages and in terms of Singh Sancheti Award dated 15.06.1979, he was, therefore, entitled to be regularized on the post of Carpenter w.e.f. 01.04.1981. The contention of the learned counsel with regard to there being two grades namely Carpenter Grade-I and Carpenter Grade II under the Regulations of 1975 has also been examined and discussed by the Judge, Industrial Tribunal. It has reached to the conclusion that after the passing of Singh Sancheti Award dated 15.06.1979, the petitioner was to be regularized on the post of Carpenter Grade as h