JUDGMENT 1. - This is a special appeal filed by Rashtriya Bijali Karmachari Sangh against the Single Bench Judgment dated 12-12-1985 praying for restoration of Labour Court award dated 3rd March, 1983 and for setting aside the order of the learned single Judge by dismissing the writ petition tiled by the respondent-Board and further to fix the pay of the workmen involved at Rs. 420/-. In the pay scale of Rs. 370-570 w.e.f. 1st April, 1982, because the workmen were fixed in this scale No. 3 w.e.f. 1-4-77 by the binding Arbitration Award. 2. The facts of the case are that appellant had filed the application under Sec. 33(C)(2) of the Industrial Disputes Act for commuting the benefits as per the entitlement in accordance with the Government instructions to the workmen involved in the case. The admitted facts are that workmen involved in the case were appointed as apprentices under the Apprentices Act, 1961 and after completing apprenticeship period satisfactory, they were given the regular employment w.e.f. 1st April, 1977 in the pay scale of 55-2-75-3-90-118. The respondents had formulated an employment promotion programme, giving benefits to all the workmen who had completed the period of apprenticeship and appointed on 1-4-77, after such completion, fixation of pay scale No. 3 w.e.f. 1-4-77 and a prayer was made in the application under Sec. 33(C)(2) that in view of the instructions of the respondents, they were entitled to be fixed at the rate of Rs. 420/- per month in the scale No. 3 i.e. 370-570 w.e.f. 1-4-77. This application was opposed by the respondents before the Labour Court. The Labour Court vide its award dated 3-3-1983 had accepted the contention of the workmen and directed the respondents to make commutation of the salary of the concerned workers at the rate of Rs. 420/- per month, as prayed. The Labour Court had held that workmen concerned were appointed as apprentices in the year 1975 and after completing apprenticeship period satisfactorily were given employment on 1-4-77 in different trades and further held that arbitration awards dated 31-5-1978 and dated 15-6-79 was also applicable in the case of the petitioners. It was also admitted that respondents had granted to the petitioners, the pay scale of Rs. It was also admitted that respondents had granted to the petitioners, the pay scale of Rs. 370-570 as per pay scale No. 3, but later on the Board had modified to grant said pay scale from 1-4-79 instead of 1-4-77, i.e. the pay scale which was earlier made applicable from 1-4-77 was withdrawn and was made enforcible from 1-4-79. The fixation of the pay scale was changed with further direction that pay scale of the workmen be fixed as per changed executive order, thus, the arbitration award has been ignored. On the issue whether application under Sec. 33(c)(2) was maintainable or not, it was held by the Labour Court that workmen were entitled to the benefits of pay scale No. 3 as fixed by the arbitration award and Labour Court was competent to adjudicate to the fact whether the workmen also fall under the provisions of the award and whether the benefits is to be given to them or not. The Labour Court, had also given finding that as per the instructions of the respondents, arising out of the arbitration award, the workmen in question were entitled. The application was accepted. 3. Being aggrieved against the award, the Rajasthan State Electricity Board had filed Civil Writ Petition No. 736/84, which was ultimately decided by the learned single Judge vide order dated 12-12-85. Rashtriya Bijali Karmachari Sangh, appellant has challenged the same in the present appeal. 4. It is submitted in the order of the learned single Judge that workmen had joined their training in the year 1975 on various dates and after completing the training of two years, and after successful completing of the training, the workmen were appointed in the State Electricity Board on various posts. The workmen had claimed that they should be given pay scale No. 3 as per clauses 20 to 22 of the Arbitration Agreement dated 15th June, 1979. Clause 22 of the Arbitration Clause with its sub-clauses 1, 2 and 3 shall be relevant to quote for the purpose of the is case. Clause 22 of the Arbitration Clause deals with those employees who were appointed as apprentices in the year 1975 and taken in the regular cadre of workers. Clause 22 of the Arbitration Clause with its sub-clauses 1, 2 and 3 shall be relevant to quote for the purpose of the is case. Clause 22 of the Arbitration Clause deals with those employees who were appointed as apprentices in the year 1975 and taken in the regular cadre of workers. It was decided by the Arbitration Board that all these apprentices appointed as workmen after training shall be put in scale No. 3 w.e.f. the date when they had completed two years training i.e 1-4-77 in the present case. 22. The case of a number of I.T.I. Certificate Holders, who have been appointed as Apprentices/Trainees under one or the other programme have also represented before us with particular reference to their fixation and allowing of the regular pay scale. It has been brought out that under the Employment Promotion Programmed, the Government of India number of application) have been invited stipulating that the selected persons shall have to undergo a training fora prescribed period for which/they will be paid stipend and that on successful completion of the K training under the Employment Promotion Programme, such of the trainees will be taken into Board's service. It is seen from the copy of the issued advertisement as shown to us that in respect to the Trainees in the various technical trades, a stipend of Rs. 100/- per month was to be paid during the training period of six months and at the same time in context to their absorption in the Boards service the pay scale of Rs. 126-250 was indicated. We find that this corresponded to the then pay scale No. 3. It has also been brought to our notice that the Board had allowed certain fringe benefits to such of the I.T.I. trained persons working as trainee under the Employment Promotion Programme in different grades in the Board and that in terms of order dated 26th April, 1977, 292 I.T.I. trained persons appointed as Trainees in the various trades in January/February, 1975 under the Employment Promotion Programme and who had completed their training successfully and were working as such on 1st April, 1977 and whose work had been found to be satisfactory, were appointed with effect from 1st April, 1977 as regular Helper Gr. II on the stage of Rs. 90/- in the pay scale of Rs. II on the stage of Rs. 90/- in the pay scale of Rs. 55-2-75-3-90-4-118 plus usual allowances as admissible and selection by the Board from time to time. It was also provided that the appointment will be on usual terms and conditions which are applicable in the appointments of Helper Grade II and that formal orders were to be issued by the concerned Superintending Engineer under whose jurisdiction the trainees concerned were working. It is also noted that the Board has been also taking apprentices in terms of the requirement of the Apprentices Act, 1961 in various trades and that while engaging such apprentices in terms of such statutory requirement, preference is being given to those who possess I. T. I. Certificate. During the apprenticeship period stipend is paid by the Board and it is envisaged that after completion of training, the Board in the capacity of employer docs not give guarantee to provide employment. We have been also given to understand that apart from the persons covered by these two categories of trainees/apprentices, there are a large number of I.T.I. Certificate Holders who have been engaged on various works in the Board in work charged/daily wages capacity. Thus, broadly there are two categories to trainees/workmen/ employees namely, those who are I.T.I. Certificate Holders and have been engaged as trainee or apprentice or even working on the job in the field and secondly who do not possess I.T.I. Certificate but have been taken as apprentice by the Board to fulfil the obligations in terms of the Apprentices Act, 1961. We have carefully considered this matter as decide as below ;- i) That such of the I.T.I. Certificate holders who have been working with the affairs of the Board as work charged/daily wages employees or as apprentice or as trainee and are still serving the Board on continuous basis with satisfactory performance he allowed the pay scale No. 3 and they may be fixed according in terms of the Rajasthan State Electricity Board Employees (Emoluments) Regulations. 1978 with effect from the date they have completed two years continuous service hut not earlier than 1st April. 1977 corresponding to the stipulation made in para 14 of our Award dated 31st May. 1978. 1978 with effect from the date they have completed two years continuous service hut not earlier than 1st April. 1977 corresponding to the stipulation made in para 14 of our Award dated 31st May. 1978. ii) That such of the I.T.I. Certificate holders who have been working with the affairs of the Bord and to be fixed in the manner staled above at (i) their fixation is not to be carried out against the posts in pay scale 3 in respect to the various trades meant to be filled by promotion quota in the Schedule B. It has been prescribed that for manning the posts under pay scale No. 3 the direct recruitment quota will be 20 per cent while the said schedule is to come into operation with effect from 1st August, 1979, such of the trainees/ apprentices covered by the said category at (i) above, be adjusted in a phased manner against the direct recruitment quota reckoned on annual basis. Till such time such phased adjustment is not completed, supernumerary posts will be created and such posts may be taken as leave and training reserve. iii) In respect of such of the apprentices who had not obtained I.T.I. certificate but had been taken as apprentices under the Apprentices Act, 1961 for both in plant and institutional training may be continued in the Board\s service by allowing regular pay scale No. 2 on satisfactory and successful completion of the apprenticeship as per prescribed period and the prescribed examination/tests in the very first attempt. Allowing of pay scale No. 2 would commence from the date he is declared successful in the prescribed examination/tests. It is to prescribe that such fixation shall be in addition to the posts in the pay scale two created or to be created as up to 31st March, 1979 on the basis of norms as referred to herein and they should be taken as a leave reserve and/or taken into consideration in fixing the nucleus of the E.H.T. Wing provided they have been in the E.H.T. trade. It is further prescribed that in the direct recruitment quota for the pay scale No. 3 these persons may be made eligible to compete irrespective of minimum period of eligibility as prescribed or may be prescribed by the management for regulating promotion from pay scale No. 2 to pay scale No. 3. It is further prescribed that in the direct recruitment quota for the pay scale No. 3 these persons may be made eligible to compete irrespective of minimum period of eligibility as prescribed or may be prescribed by the management for regulating promotion from pay scale No. 2 to pay scale No. 3. In addition to this, the treatment prescribed at (ii) above is to be extended to this category also. iv) That for future commencing from this year (1979) for in-take of apprentices under the Apprentices Act should be well planned and regulated in the various trades commensuration to the various direct recruitment/induction ratio/percentage prescribed herein so that problem as is being experienced at present is mitigated." 5. It is admitted that the workmen are I.T.I. Certificate holders. As per Arbitration Award, workers were fixed in the pay scale of 370-570 with effect from 1-4-77 but later on Board vide its order dated 9th March, 1982 withdrew the pay scale No. 3 and re -fixed the pay scales w.e.f. 1st April, 1979 instead of 1st April, 1977. The workmen had moved an application claiming that as per Clause 22 and its sub-clauses, the workmen who had completed the training on 1st April, 1977 were entitled to the pay scale of 370-570 with effect from 1-4-77. The learned single Judge allowed the writ petition and set aside the award maintaining that workmen were apprentices and therefore did not fall under the definition of workmen under the Industrial Disputes Act and such could not claim pay scale No. 3 with effect from 1st April, 1977. He had further held that these persons remained apprentices up to 31st March, 1977, therefore, no benefit can be given to them. With regrets, we are of the opinion that the order of the learned single Judge is likely to be set aside and that of Labour Courts award is to be restored. 6. The award of the arbitration has been misconstrued. Clause 22 and its sub-clauses specifically mention that all those apprentices who had successfully completed apprenticeship, were entitled to be placed in the pay scale of 370-571 from the date, they had completed the apprentice ship. Admittedly, all the workmen who had joined apprenticeship in the year 1975 and had completed on 1st April, 1977 and all of them wen squarely covered under Clause 22 of the Arbitration Award, reproduced above. Admittedly, all the workmen who had joined apprenticeship in the year 1975 and had completed on 1st April, 1977 and all of them wen squarely covered under Clause 22 of the Arbitration Award, reproduced above. The learned singh Judge has not appreciated this fact as per documents. 7. Admittedly, the workmen involved in the case are the Holders of I.T.I. certificate and the; were appointed as regular employees with effect from 1st April, 1977 vide letter dated 16th December, 1977 vide Annex.-G attached with the writ petition. In the year 1980, the Board had taken a decision vide letter dated 7th May, 198C (Annex.-H) on the recommendation of the Fixation Committee as constituted in terms of para 15 of the Arbitration Award and also in exercise oi the powers delegated vide Board letter dated 17ih August, 1976 in respect of I.T.I. Certificate holders appointed under the Employment Promotion Programme, to fix the pay scale No. 3 i.e. 370-570 in regard to such employees. This pay scale No. 3 was made applicable to the workmen involved in the present case. A decision was taken vide (sic) 8. The learned single Judge has allowed the Writ Petition mainly on the ground that claims of the workers do not fall under Sec. 33(c)(2) of the Industrial Disputes Act, as they are not the workmen as defined under Sec. 2(s) of the Industrial Disputes Act, for the reasons that apprentice is not a workman. There is no dispute that in case any claim is made by an apprentice appointed under the Apprenticeship Act, 1961 for the benefits falling in any of the clause of Apprenticeship Act, then the remedy lies under that Act only. However, if an apprentice after completing the apprenticeship period is employed as a worker and in that situation, any orders are passed for pay fixation or giving any benefit or change of service conditions as a worker or allowing them any pay prospectively or retrospectively, those service conditions shall be enjoyable by them as workmen. Reliance was placed on 1985 Rajasthan LR 842, wherein it was held that apprentice is not governed under the Apprenticeship Act, who would be workmen governed by the provisions of the Industrial Disputes Act, but apprentice who is governed by the provisions of the Apprenticeship Act, would not be a workmen under Sec. 2(S) of the Industrial Disputes Act. Reliance was placed on 1985 Rajasthan LR 842, wherein it was held that apprentice is not governed under the Apprenticeship Act, who would be workmen governed by the provisions of the Industrial Disputes Act, but apprentice who is governed by the provisions of the Apprenticeship Act, would not be a workmen under Sec. 2(S) of the Industrial Disputes Act. In the case in hand, admittedly, the employees concerned were absorbed as workmen on 1st April. 1977 in the regular .pay scale after completing apprenticeship. After they have been absorbed as workmen, any benefit, any change of service conditions in their favour or any change of pay scale, made by the respondent-Board concerning the workmen including those workmen who had joined as workmen after completing the apprenticeship would definitely tali under Sec. 2(S)of the Industrial Disputes Act. Similarly the Authority quoted as reported in (1992) 2 WLC 558 (Raj) does not help the respondent and is distinguishable for the reason that, that case was a case for benefits falling under the Apprenticeship Act. 9. In the present case, the petitioners do have aright, after being absorbed as workmen, to claim benefit under any order which can be commuted in terms of money tinder See. 33(c)(2) of the Industrial Disputes Act, as it becomes their existing right out of the service conditions. 10. To our opinion, the judgment of the learned single Judge is not based on proper appreciation of facts and law, and therefore, is likely to be set aside. The appeal is accepted and the Writ Petition is dismissed. The order of the Labour Court dated 3-3-83 is restored. Respondent-Electricity Board is further directed to comply with the order of the Labour Court within one month from the date when..certified copy of this judgment is supplied with them. As the workmen concerned have been;deprived of their legal dues, they shall be entitled to arrears of pay with 12% of interest from the date of award of the Labour Court till the actual payment is made. 11. Resulting, the appeal is allowed with costs assessed at Rs. 1000/- and the judgment of the learned single .judge dated 12-12-85 is set aside. The Writ Petition is dismissed and the award of the Labour Court dated 3-3-83 is restored.Order accordingly. *******