Punjab-Haryana High Court
Dinesh Kumar vs Chandigarh Industrial & Tourism ... on 17 July, 2014
Author: Sabina
Bench: Sabina
CWP No. 14363 of 1995 1
In the High Court of Punjab and Haryana at Chandigarh
CWP No. 14363 of 1995
Date of decision: July 17, 2014
Dinesh Kumar .......Petitioner
Versus
Chandigarh Industrial & Tourism Development Corporation Ltd.,
Chandigarh and another .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.D.V.Sharma, Sr.Advocate with
Ms.Shivani Sharma,Advocate for the petitioner.
Mr.K.K.Gupta,Advocate for respondent No.1
None for respondent No.2
****
SABINA, J.
Petitioner has filed this petition seeking pay scale of ` 1800-3200 with effect from 1.1.1986.
The case of the petitioner, in brief, is that he joined as a Manager-cum-Accountant in the pay scale of `600-1120 vide Annexure P1 dated 4.10.11983. Petitioner was posted as Manager- cum-Accountant in Lake Cafeteria, Rock Garden, Snack Bar and Camping Sites. Petitioner was transferred as Manager-cum- Raj Kumari Accountant to Bus Stand Canteens vide order Annexure P2 dated 2014.07.21 14:56 I attest to the accuracy and integrity of this document CWP No. 14363 of 1995 2 6.1.1984. Thereafter, vide order Annexure P3 dated 27.2.1984, petitioner was transferred as Manager-cum-Accountant to Chandigarh Yatri Niwas. Services of the petitioner were terminated vide order dated 4.12.1984 when he was working as a Kitchen Supervisor. The said post was equivalent to the post of Manager- cum-Accountant. At the time of his termination, petitioner was posted in Hotel Chandigarh Mountview Sector 10, Chandigarh. Petitioner raised an industrial dispute and the Labour Court vide its award dated 1.11.1990 held that the termination order qua the petitioner was illegal. In pursuant to the award passed by the Labour Court, petitioner was ordered to be reinstated in service with effect from 9.1.1991 as Kitchen Supervisor in the pay scale of `600- 1120 which was revised to `1400-2300. Petitioner was also allowed back wages to the extent of 50% and was posted in Hotel Shivalikview. The post of Manager-cum-Accountant, Kitchen Supervisor and Incharge (Godown) Liquor Division were interchangeable and were carrying the same pay scale. However, vide order dated 22.4.1992, the pay scale of different categories of employees were revised with effect from 1.1.1986 and the Kitchen Supervisors were placed in the pay scale of `1500-2640, whereas, the Senior Scale Stenographers, Assistants, Senior Assistants, Store Keepers, Accountants, Auditors were granted the pay scale of `1800- 3200. Hence, the present petition.
Learned Senior counsel for the petitioner has submitted that the petitioner was liable to be granted pay scale of `1800-3200 Raj Kumari as was allowed to the other counter parts i.e. Assistants/Manager- 2014.07.21 14:56 I attest to the accuracy and integrity of this document CWP No. 14363 of 1995 3 cum-Accountants etc. Initially, the posts were interchangeable and the petitioner had been appointed on one post or the other as per the need. Petitioner had been ordered to be reinstated in the service while he was working as Kitchen Supervisor by the Labour Court.
Learned counsel for the respondents, on the other hand, has submitted that the petitioner was working as Kitchen Supervisor at the time of his termination and had been ordered to be reinstated by the Labour Court. In terms of the award of the Labour Court, petitioner was allowed to join duty as Kitchen Supervisor. Petitioner was, initially, appointed as Manager-cum-Accountant but the said post was later abolished in the year 1986 and petitioner was adjusted as Kitchen Supervisor. Shri Vipin Kumar Rishi, respondent No.2 had been appointed as Manager-cum-Accountant. His services were terminated and he was also ordered to be reinstated by the Labour Court. Respondent No.2 was adjusted as Assistant in the pay scale of `600-1120. The post of Assistant fell in the ministerial cadre and respondent No.2 was placed in the pay scale of `1800-3200, whereas, the petitioner was working in a non-ministerial cadre post as Kitchen Supervisor. The scale of `1800-3200 had only been allowed to the posts which fell in ministerial cadre.
In the present case, petitioner joined as Manager-cum- Accountant vide order Annexure P1 dated 4.10.1983 with respondent No.1. Vide Annexure P2 dated 6.1.1984, petitioner was transferred from Lake Cafeteria, Rock Garden, Snack Bar and Camping Sites to the Bus Stand Canteens as Manager-cum-Accountant. Vide Raj Kumari Annexure P3 dated 27.2.1984, petitioner was transferred to 2014.07.21 14:56 I attest to the accuracy and integrity of this document CWP No. 14363 of 1995 4 Chandigarh Yatri Niwas as Manager-cum-Accountant. As per the case of the petitioner himself, he was working as a Kitchen Supervisor at the time of his termination on 4.12.1984. In terms of the award passed by the Labour Court, petitoiner was reinstated as Kitchen Supervisor with effect from 9.1.1991 vide Annexure P4 dated 27.2.1991. Vide Annexure P5 dated 27.3.1991, petitioner was transferred to Liquor Division as Incharge (Godown). Vide Annexure P6 dated 22.4.1992, pay scale of various categories of employees were revised by respondent No.1. So far as the petitioner is concerned, the pay scale was revised from `600-1120 to `1800- 3200. It is the specific case of respondent No.1 that the post of Manager-cum-Accountant was abolished in the year 1986. Admittedly, the petitioner was working as a Kitchen Supervisor at the time of his termination and in pursuance of the award of the Labour Court, he was reinstated on the said post. Respondent No.1 vide Annexure P6 dated 22.4.1992 has revised the pay scale of various categories. Merely because the pay scale of Accountants, Assistants, Senior Scale Stenographers has been revised from `600- 1120 to `1800-3200 would not ipso facto entitle the Kitchen Supervisor to the same pay scale. The pay scales must have been revised by respondent No.1 keeping in view the duties performed by different categories of employees. So far as Frontoffice Supervisor/Shift Supervisor/Reservation Asstt/Asstt/Secretarial Kitchen Supervisor Incharge (Maintenance) Kitchen Supervisor, Incharge(Maintenance) are concerned, all the said employees were Raj Kumari allowed the pay scale of `1500-2640. However, petitioner can not 2014.07.21 14:56 I attest to the accuracy and integrity of this document CWP No. 14363 of 1995 5 claim parity with Accountants/Assistants etc. So far as the posting of the petitioner as Incharge (Godown) is concerned, it is the case of the respondents that there is no such sanctioned post. Petitioner was merely appointed/adjusted as Incharge (Godown) due to exigency of work. Therefore, no ground for interference is made out.
Dismissed.
( SABINA ) JUDGE July 17, 2014 arya Raj Kumari 2014.07.21 14:56 I attest to the accuracy and integrity of this document