Management Of Bokaro Steel Plant (Bsai) v. Presiding Officer, Labour Court
2001-05-08
SUDHANSU JYOTI MUKHOPADHAYA
body2001
DigiLaw.ai
ORDER S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by the Management of Bokaro Steel Plant (Steel Authority of India Ltd.), Bokaro Steel City, Bokaro against the award dated 23rd October, 1999 passed in Reference case No. 1/97. 2. By the impugned award, the learned Presiding Officer, Labour Court. Bokaro Steel City, while answered the question in favour of workmen, held the workmen entitled to get L-3 Grade from 27th July, 1979 and further promotion to L-4 Grade, and higher grade onwards with difference of wages and consequential benefits. 3. The case of the Management is that the workman Shri H.B. Rajaks name was sponsored by the Employment Exchange for the post of Lab. Attendant in the scale of Rs. 330-440 (L-3 Grade) and was interviewed by duly constituted Selection Committee, consisting of a representative of the Govt. of Bihar. Out of 41 candidates, 28 candidates, including the workman. H.B. Rajak appeared in interview on 12th August. 1977. None of the candidates were found to have possessed the requisite qualification and/or experience for appointment to the post. However, there being urgent requirement, the Selection Committee having found the workman. H.B. Rajak, suitable for lower scale of Rs. 310-400/- (L-2 Grade) and partly because he was a Scheduled Caste, recommenced for appointment as Lab. Attendant, though the Govt. representative gave his note of descent. In the aforesaid background, the workman was given appointment as Lab. Attendant in L-2 Grade (Rs. 310-400/-) in the year 1977 and subsequently granted promotion to L-3 Grade (Rs. 330-440). After such promotion, the workman, Shri H.B. Rajak, suddenly woke up and made representation in the year 1985 to the effect that he should have been given L-3 Grade (Rs. 330-440) since his appointment and promotion to higher grade. 4. It appears that the Government of Bihar issued Notification dated 7th November, 1996 for adjudication of dispute under Section 10(1)(c) of ID Act, 1947 and made the following reference : "Whether not to give pay scale of L-3 to shri Harbilas Rajak Library Assistant, Staff No. 380238. M/s. Bokaro Steel Plant, Bokaro Steel City by the management is proper? If not what relief the workman is entitled to?" It was answered in favour of petitioner, as stated above. 5.
M/s. Bokaro Steel Plant, Bokaro Steel City by the management is proper? If not what relief the workman is entitled to?" It was answered in favour of petitioner, as stated above. 5. The counsel for the petitioner submitted that the workman having accepted L-2 Grade, having never objected and subsequently having promoted to L-3 Grade, the reference was not maintainable, nor could have been answered in favour of workman. Reliance was placed on one or other enclosure/ evidence to assail the award. 6. It is not in dispute that the workman was appointed as Lab. Attendant in 1977, after his name was sponsored by the Employment Exchange and on the recommendation of the Selection Committee. The management was in urgent need of requirement and so condoned one or other eligibility criteria to appoint the workman. The post of Lab. Attendant being a post in L-3 Grade (Rs. 330-440) there was no occasion for the management to give lower L-2 Grade to the workman, which was not the pres-cribed scale of the post. 7. It will be evident from the impugned award that person appointed prior to the workman, Shri H.B. Rajak as Lab. Attendant were provided with sanctioned scale in L-3 Grade. Even those appointed after the workman, Shri H.B. Rajak as Lab. attendant, they were also provided with L-3 Grade. 8. In the aforesaid background, on following the principle of equal pay for equal work/parity of pay, the learned Presiding Officer allowed L-3 Grade to the workman from the date of appointment (1977) and the said L-3 Grade being the prescribed scale-for the post, there appears to be no illegality in the impugned award. 9. So far as so called promotion to L-3 Grade is concerned, it cannot be construed to be a promotion, as the workman was not given any higher rank or status, though given proper higher L-3 grade (Rs. 330-440), which was the basic grade of the post of Lab. Attendant. 10. The submission of the counsel for the petitioner that the appointment of workman Shri H.B. Rajak was illegal and management favoured him by giving employment cannot be accepted as illegality and propriety of such appointment was not issue before the learned Presiding Officer, nor the same can be reopened after 24 years of his appointment. 11. For the reasons aforesaid and there being no illegality in the impugned award, the writ petition is dismissed.
11. For the reasons aforesaid and there being no illegality in the impugned award, the writ petition is dismissed. 12. Petition dismissed.