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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. CIVIL SPECIAL APPEAL (W) 1159/2014

A.En. (O&M), A.V.V.N.Ltd. Kuchamancity

Vs.

Gulam Nabi & Anr.

Date of Order : : 15.01.2016

HON'BLE MR. JUSTICE GOVIND MATHUR

HON’BLE MS.JUSTICE NIRMALJIT KAUR

Mr.Vikram Choudhary, counsel for the appellant.

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This appeal is preferred to question the correctness of the

judgment dated 7^th of May, 2014 passed by the learned Single

Bench. By the judgment impugned, learned Single Bench refused

to interfere with the award passed by the labour court adjudicating

an industrial dispute referred to it as per Section 10 of the

Industrial Disputes Act, 1947.

In brief, the facts of the case are that the respondent-

workman entered in service of Rajasthan State Electricity Board

on 1^st of September, 1979 as a daily-rated workman. An Arbitral

Tribunal was constituted by the Rajasthan State Electricity Board

that gave its award commonly known as “Singh Sancheti Award”.

As per the award, all the workmen working as Helper (Grade-II) on

1^st of April, 1982 are entitled for the pay scale pertaining to the

Helper (Grade-I) with effect from 1^st of April, 1982. The Rajasthan

State Electricity Board granted the pay scale aforesaid to all the

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Helper (Grade-II) but was not allowed to the respondent-workman

as at the relevant time, he was facing a criminal trial.

The Judicial Magistrate, First Class, Kuchaman City by the

judgment dated 9^th of December, 2012 acquitted the respondent-

workman from criminal charges. On acquittal, he submitted a

representation to the employer for making a fixation of his pay in

the pay scale pertaining to the Helper (Grade-I) w.e.f 1^st of April,

1982 as per the Singh Sancheti Award. The employer acting upon

the representation awarded the pay scale aforesaid to him w.e.f.

18^th of July, 1995 but not from 1^st of April, 1984. Being aggrieved

by the same, he submitted a representation for grant of the pay

scale concern w.e.f. 1^st of April, 1982. On being failed to have

any positive response, he raised an industrial dispute, which was

referred for its adjudication to the labour court by the appropriate

Government vide notification dated 21^st of May, 2005 in the terms

that “whether the grant of regular pay scale pertaining to the post

of Helper (Grade-I) under an order dated 18^th of July, 1995 to the

workman, Shri Gulab Nabi S/o Shri Gulam Mohd. Khan, Helper, is

valid and justified? If not then for what relief, the workman is

entitled ?”

The labour court after considering all relevant facts arrived

at the conclusion that the workman was in service on 1^st of April,

1982 and was entitled to get fixation of his pay in the pay scale

pertaining to the post of Helper (Grade-I) as per the

recommendations made by the Singh Sancheti Award being

acquitted from criminal charges. The labour court directed the

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employer to make fixation of the pay of the workman in the pay

scale pertaining to the post of Helper, (Grade-I) w.e.f. 1^st of April,

1982. The labour court also noticed that all other workmen,

similarly situated, were already getting the pay scale as per the

recommendations made by the Singh Sancheti Award.

While examining correctness of the award passed by the

labour court, the learned Single Bench arrived at the conclusion

that the reason to deny fixation of pay in the pay scale pertaining

to the Helper (Grade-I) as awarded under the Singh Sancheti

Award was not in existence after acquittal of the workman from

criminal charges, hence, the labour court was right in directing to

comply with the recommendations made by the Singh Sancheti

Award qua the respondent-workman w.e.f. 1^st of April, 1982.

In appeal, while relying upon a judgment of Hon'ble

Supreme Court in Jodhpur Vidyuat Vitran Nigam Ltd. & Ors. Vs.

Nanu Ram and Ors., reported in AIR 2007 SC 1180, it is

submitted by learned counsel that without having any order of

regula