Rajasthan High Court - Jodhpur
Gopal Giri vs Chairman Cum M.D., Avvnl Ajmer Andors on 6 April, 2022
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9914/2011
Gopal Giri S/o Shri Lehru Giri, by caste Goswami, age years 43,
R/o VPO Boodh, Tehsil Gangrar, Distt. Chittorgarh (Raj).
----Petitioner
Versus
1. The Chairman-cum-Managing Director, Ajmer Vidhyut Vitran
Nigam Ltd. Ajmer.
2. The Superintendent Engineer (M&P), Ajmer Vidhyut Vitran
Nigam Ltd., Circle Udaipur, Udaipur.
3. The Assistant Engineer (M&T) Ajmer Vidhyut Vitran Nigam
Ltd., Chittorgarh.
4. Labour Court, Bhilwara.
----Respondents
For Petitioner(s) : Mr. Rakesh Arora
For Respondent(s) : Mr. Vikram Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order 06/04/2022 The present petition has been filed against the award dated 30.04.2009 passed by the Industrial Tribunal, Bhilwara. Vide the impugned order, the Tribunal proceeded on to reject the claim of the petitioner and held that the petitioner is not entitled to Pay Scale No.3.
Counsel for the petitioner has submitted that one Bhagwati Prasad Verma and Satish Chaturvedi were also appointed vide the same appointment order dated 24.06.1994 as that of the petitioner. It has been submitted that in the case of Bhagwati Prasad Verma also, a reference was made to the Industrial Tribunal and the same was answered in his favour. The said award of the Labour Court was upheld by the Single Judge of this Court (Downloaded on 26/12/2022 at 01:27:05 AM) (2 of 4) [CW-9914/2011] in S.B.C.W.P. No.8074/2011 (Chairman & Managing Director, RRVPNL, Jaipur & Ors. Vs. Bhagwati Prasad Verman & Anr.), decided on 16.09.2011 and further by the Division Bench of this Court in D.B.C.S.A. (Writ) No.3/2012 (Chairman & Managing Director, RRVPNL, Jaipur & Ors. Vs. Bhagwati Prasad Verma & Anr.), decided on 25.04.2012 and ultimately by the Hon'ble Apex Court in Special Leave Petition No.20527/2012 (Chairman & Managing Director, RRVPNL, Jaipur & Ors. Vs. Bhagwati Prasad Verma), decided on 27.07.2012.
It has further been submitted that even Satish Chaturvedi preferred a writ petition bearing number S.B.C.W.P. No.1319/2016 (Satish Chaturvedi & Anr. Vs. JVVNL & Anr.) which was allowed on 18.01.2018 and the said order was upheld by the Hon'ble Apex Court in S.L.P.(Civil) No.10329/2020 (JVVNL & Anr. Vs. Satish Chaturvedi & Anr.), decided on 07.08.2018. Therefore in view of the said judgments the petitioner too, being similarly situated from all aspects, deserves to be granted the Pay Scale No.3 from the date of his initial appointment i.e. 29.08.1997 on the post of Helper Grade-I. Per contra, counsel for the respondents submitted that although the judgments passed in the cases of Bhagwati Prasad Verma (supra) and Satish Chaturvedi (supra) have been affirmed by the Hon'ble Apex Court but in the later judgment passed by the Division Bench of this Court in a bunch of matters being led by D.B. Civil Special Appeal (Writ) No.796/2018 (The Chairman & Managing Director Vs. Rajasthan Bijli Workers Federation, Jaipur & Ors.), decided on 09.08.2018, (Downloaded on 26/12/2022 at 01:27:05 AM) (3 of 4) [CW-9914/2011] the Division Bench took a different view and held that the employees therein were not entitled to grant of Pay Scale No.3.
Counsel argued that in view of the latest judgment of the Division Bench of this Court, the present petitioner too do not deserve to be granted the benefit of Pay Scale No.3.
Heard the counsel for the parties and perused the judgments as relied upon by both the counsels.
It is not in dispute that Bhagwati Prasad Verma and Satish Chaturvedi were the persons appointed by the same appointment order on the same post as that of the petitioner. Therefore, from all aspects they were the similarly situated employees to the petitioner. By any stretch of imagination the petitioner's case cannot be differentiated from the case of Bhagwati Prasad Verma and Satish Chaturvedi. The finding in favour of those employees of they being entitled to the Pay Scale No.3 having become final for all purposes as having been upheld by the Hon'ble Apex Court, the present petitioner too deserves to be granted the same benefit.
So far as the argument of the counsel for the respondents that a different view has been taken in the case of Rajasthan Bijli Workers Federation, Jaipur (supra) is concerned, it is relevant to note that the said judgment has been passed specifically with an observation that the employees in the matters concerned therein were those appointed subsequently in the year 2007 after amendment in the Rules. The Court specifically held that the earlier judgments were to govern the set of employees then existing and who had raised the dispute. The case earlier decided by this Court were in reference to the Singh-Sancheti award and were applicable to those working then. Therefore, in the changed circumstances of the Singh-Sancheti award having (Downloaded on 26/12/2022 at 01:27:05 AM) (4 of 4) [CW-9914/2011] been terminated, the Regulations of 1975 having been amended and the employees therein having been appointed after the said developments, the Court took a different opinion and held that the earlier judgments would not be applicable to the employees therein.
In the present case, the petitioner is specifically an employee being governed by the earlier judgments having been appointed in the year 1994. By all means, the case of the present petitioner is covered by all the earlier judgments:
1. S.B.C.W.P. No.8074/2011, (Chairman & M.D., RRVPNL, Jaipur & Ors. Vs. Bhagwati Prasad Verma), decided on 16.09.2011.
2. S.B.C.W.P. No.1319/2016 (Satish Chaturvedi & Anr. Vs. JVVNL & Anr.) along with other connected matters, decided on 18.01.2018.
3. S.B.C.W.P. No.1880/2003 (Ashok Kumar Mali Vs. R.R.V.P.N. Ltd., Jaipur) decided on 05.09.2014.
4. S.B.C.W.P. No.13308/2016 (Bhanwar Lal & Ors.
Vs. R.R.V.P.N. Ltd.), decided on 2012.2017. In view of the ratio as laid down in the above mentioned judgments, the writ petition of the petitioner is allowed.
The respondents are directed to accord Board's Pay Scale No.3 to the petitioner with all consequential benefits from the date of his initial appointment i.e. 29.08.1997 on the post of Helper Grade-I. (REKHA BORANA),J 117-AnilKC/-
(Downloaded on 26/12/2022 at 01:27:05 AM) Powered by TCPDF (www.tcpdf.org)