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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. CIVIL WRIT PETITION NO.9479/2012

(A.En. AVVNL Vs. Gulam Nabi & Anr.)

Date of Order

:

07.05.2014

HON'BLE MR JUSTICE GOPAL KRISHAN VYAS

Mr. Vikram Choudhary, for the petitioner.

Mr. SKM Vyas, for respondent – workman.

Heard learned counsel for the parties.

In this writ petition, the Assistant Engineer (O&M),

Ajmer Vidyut Vitran Nigam Limited is challenging the validity of

the award dated 15.12.2011 passed by the Judge, Labour Court,

Jodhpur whereby the reference made by the appropriate

government for grant of regular pay-scale to the respondent

workman was allowed and it is ordered that the respondent

workman is entitled for regular pay scale of Helper Grade-II

w.e.f. 1.4.1982.

Learned counsel for the petitioner vehemently

argued that as per the judgment rendered by Hon'ble Supreme

Court in case of Jodhpur Vidyut Vitran Nigam Ltd. & Anr. Vs.

Nanu Ram & Ors., reported in AIR 2007 SC p. 1180, the Labour

Court has committed an error while passing an order to pay

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regular pay scale w.e.f. 1.4.1982 after completion of three years

of service.

Learned counsel for the petitioner submits that until

and unless the services of the employee is regularized, he cannot

claim regular pay-scale, therefore, the award passed by the

Judge, Labour Court, Jodhpur may be quashed and set aside.

Per Contra, learned counsel for the respondent –

workman submits that the argument raised by the petitioner is

not sustainable in law because for the purpose of granting

regular pay-scale a Sancheti award was passed for the

employees of RSEB in the year 1982 and in pursuance of the

said award, the regular pay-scale has been granted to the

similarly situated persons w.e.f. 1.4.1982 but such benefit is not

extended to the respondent workman for the reason that a

criminal case was registered against him in which after trial he

was acquitted thereafter a prayer was made by him for granting

same benefits of regular pay scale as granted to other but upon

denial, the instant industrial dispute was raised by the

respondent workman in which after failure of the conciliation

proceedings, the matter was referred for adjudication to the

Judge, Labour Court, Jodhpur. The Judge, Labour Court,

Jodhpur while considering the fact that Sancheti award is in

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existence and under the said award, all employees are entitled

for the benefits provided under the award. The petitioner Nigam

is not disputing the applicability of Sancheti award but raising

objection that without regularization, no regular pay scale can be

allowed in view of the aforesaid judgment of Hon'ble Supreme

Court but facts of this case are totally contrary to the arguments

advanced by learned counsel for the petitioner, therefore, this

writ petition may be dismissed.

After hearing learned counsel for the parties, I have

perused the award impugned, more specifically the finding given

in para No.16 of the award. In my opinion when Sancheti award

passed to govern the service conditions of employees working in

the Nigam then such benefits provided under the Sancheti award

is required to be extended to all the employees, therefore,

petitioner department cannot discriminate the case of the

respondent workman because similarly situated employees habe

already been granted the benefit of regular pay-scaler under the

Sancheti award.

In view of the fact that in the criminal case, the

respondent workman has already been acquitted, therefore,

obviously he became entitled for the relief of regular pay-scale

extended to the similarly situated employees.

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In view of above, there is no perversity or illegality in

the award to grant regular pay scale to the respondent workman

w.e.f. 1.4.1982, therefore, this writ petition is hereby dismissed.

However, it is expected from the petitioner employer that n