Advocates:
['RN UPADHYAY', '', 'SUCHITA BACHHAWAT', 'SANDEEP SHAH', 'PS CHUNDAWAT', 'AK CHOUDHARY', 'SUMEET MEHTA', '', 'ASHOK CHHANGANI']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

: J U D G M E N T :

S.B. CIVIL WRIT PETITION NO.4932/2004

(Sanwar Lal Vs. Ajmer Vidut Vitran Nigam Ltd. & Ors.)

Date of Order

:

23.05.2014

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. P.S. Chundawat, for the petitioner.

Mr. Ashok Chhangani, for the respondents.

The instant writ petition was allowed by this Court

vide order dated 07.07.2011 and the said judgment was

challenged by the respondents by way of filing special appeal

being DB Civil Special Appeal (W) No.1006/2011 and the Division

Bench of this Court passed an order in the said special appeal on

16.11.2011 whereby the appeal was allowed which setting aside

the judgment dated 07.07.2011 and remanded the matter for

fresh adjudication.

Learned counsel for the respondents submits that

earlier judgment was rendered in absence of counsel for the

respondents, therefore, the matter is again heard on merit.

2

After hearing learned counsel for the parties, in my

opinion, the adjudication made by this Court on 7.7.2011 was

made after due consideration of the facts and the reply given by

the respondents. Therefore, this writ petition is again allowed in

following terms :-

This writ petition has been filed by 25 employees of

Ajmer Vidut Vitran Nigam Ltd., Ajmer in which the following

prayer has been made :

“(a) The Respondents may kindly be directed to

get the cases of the Petitioners fixed from the date

such fixations have been done in other divisions in

respect of the persons junior to them and

thereafter the Petitioners may be given all

consequential benefits right from the date the

junior have been so given the fixation benefits with

interest at the rate of 24% p.a. On and from the

date the same become payable till the same is

paid to them.

(b) Any other appropriate writ, order or direction

as may be considered proper in the facts and

circumstances of the case may kindly be awarded

in favor of the Petitioners.

(c) Cost of the Writ Petition be allowed to the

Petitioners.”

3

Learned counsel for the petitioners submits that an

agreement was executed in between the Raj. State Electricity

Board and the General Secretary, Prantiya Vidyut Mandal

Mazdoor Fe3deraion in Form 'C” in terms of Section 10B (I) of

the Industrial Disputes Act, 1947 in which it was agreed between

the said parties to refer certain industrial disputes to the

Arbitrators. Further, it was agreed that decision of the

Arbitrators shall be binding on them and in case the Arbitrators

are equally divided in their opinion, they shall appoint another

person as an Umpire whose award shall be binding on them.

In pursuance of the said agreement Mr. Prithvi Singh

and Mr. A.L. Sancheti of Raj. State Electricity Board were

appointed as Arbitrators. The Arbitrators passed award on

15.6.1978 and as per Para-15 of the award given by the

Arbitrators, the following directions were issued :

“15. It has been submitted before us that the

arrangements

for

carrying

out

fixation/adjustment/promotion as on 1^st

April, 1968 and thereafter, need to be

prescribed in accordance with the terms of

reference given to us. Such submissions

made to us have been considered by us

particularly in context to the plea that the

4

terms of reference given to us is to decide

the

principle

to

regulate

the

fixation/adjustment/promotion

of

all

technical workmen of the Rajasthan State

Electricity Board from 1^st April, 1968 to 31^st

March, 1977. Since the rules governing the

fixation and for purpose of determination of

pay, etc., have been already prescribed, it is

our opinion and we decided that in order that

no disparity is caused, the same

system/principles

regulating

the

fixation/promotions be adopted as that

would ensure uniformity and consistency. It

is an admitted position that the fixation

committees