JUDGEMENT
P.B.BAJANTHRI,J. -
(1.)CM No. 12968 of 2015
This is an application for impleading Kashmir Kaur widow of Shri Nirmal Singh as legal representative of respondent No.2. Heard. In view of the reasons mentioned in the application as well as in the affidavit, same is allowed.
Smt. Kashmir Kaur widow of Shri Nirmal Singh is impleaded as LR of respondent No.2.
Main case.
In the instant writ petition, the petitioner has questioned the validity of the Award passed by the Labour Court dated 08.12.2011.
(2.)Respondent No.2-Nirmal Singh Subedar was appointed as a Yard Supervisor on 16.11.1994. His services were regularised on 27.03.1999 in the pay scale of Rs.1050-1600. His probation period was declared to be satisfactory on 18.12.2001. In the meanwhile w.e.f. 01.07.2001 revised pay has been granted. The respondent No.2-workman submitted an application on 30.04.2003 to the petitioner stating that Security Officer's post is vacant. He can be accommodated against Security Officer's post. The petitioner is stated to have considered his grievance and posted him as a Security Officer for a period of 89 days. On 02.05.2006, he submitted an application before the Labour Court claiming, he is entitled for the scale of Security Officer. Application under Sec. 33-C(2) of the Industrial Disputes Act, 1947 was decided by the Labour Court on 08.12.2011 in favour of the respondent No.2-workman holding that respondent is entitled to receive the amount of Rs. 1,26,514/- from the petitioner along with interest @ 8% per annum from the date of filing of the application till realization. The petitioner aggrieved by the award presented this petition.
(3.)Learned counsel for the petitioner submitted that application before the Labour Court under Sec. 33-C(2) of Industrial Disputes Act, 1947 for extending pay scale attached to the post of Security Officer is not maintainable for the reasons that respondent No.2 was posted as Security Officer for a period of 89 days which is a Seasonal permanent. Therefore, there is no pre-existing right to seek pay scale attached to the post of Security Officer. Learned counsel for the petitioner relied on the following decisions :-
1. The Una District Consumer Marketing Federation Ltd Vs. Kuldeep Singh reported in 2007 (2) SimLC 208,
2. Surinder Saini Vs. Doaba Worsted Spinners Limited reported in 1997 (1) S.C.T. 124,
3. Executive Engineer, PSEB, Mansa Vs. Presiding Officer, Labour Court Bathinda reported in 1997(1) SCT 733 and
4. Suresh Chand Jain Vs. Central Government Industrial Tribunal-cum-Labour Court II, Chandigarh and others reported in 2013(6) SLR 463.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.