Assistant Engineer, Public Health And Engineering Department v. Ramswaroop Sharma
2019-02-04
ARUN BHANSALI
body2019
DigiLaw.ai
JUDGMENT 1. This writ petition has been filed by the petitioners aggrieved against the award dated 08.09.2017 passed by the Labour Court, Jodhpur. 2. The respondent-workman raised the dispute pertaining to his salary and sought stepping up of his pay on account of juniors being paid higher wages. The dispute was referred to the Labour Court by the appropriate Government. 3. After evidence was led by the parties, the Labour Court based on the evidence, came to the conclusion that the petitioner- employer has accepted that workman - Ramswaroop Sharma was senior to Suraj Prakash Purohit and other employees and that said Suraj Prakash Purohit was getting higher salary and the explanation submitted by the petitioner was not accepted. 4. Learned counsel for the petitioners made submissions that the Labour Court was not justified in coming to the conclusion that the workman was entitled to benefit as accorded and therefore, the award deserves to be set-aside. 5. I have heard learned counsel for the petitioners and have perused the material available on record. 6. The Labour Court after noticing the fact that the workman was receiving less salary /wages than persons, who were junior to him, has calculated the salary payable to the petitioner qua the persons junior to him i.e. Suraj Prakash Purohit and came to the conclusion that the respondents were not justified in not removing the anomaly in the workmans pay. The finding recorded by the Labour Court cannot be said to be perverse and/or vitiated on any count and therefore, the said finding cannot be faulted. 7. In view thereof, the award impugned does not call for any interference. There is no substance in the present writ petition and the same is, therefore, dismissed.