Dismissed

Ajmer Vidyut Vitran Nigam Ltd. and Anr. v. Judge,I.D.T.and Labour Court Udaipur Andanr.

Rajasthan HC24 Jan 2024SAW/499/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a special appeal by a power utility challenging a Labour Court award that entitled a retired worker to the pay scale of a post he continuously performed, despite irregular appointment, upholding the equal pay principle and confirming that the matter had been settled.

What did the court decide?

Special appeal writ dismissed; Labour Court award upheld as there is no case for interference.

Ajmer Vidyut Vitran Nigam Ltd. and Anr. Vs… — Pension and Retirement Benefits | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 499/2014

¶3

¶4

S.B. Civil Writ Petition No.4618/2005

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Ajmer Vidyut Vitran Nigam Ltd. through its Chairman (Erstwhile RSEB, jaipur through its /Secretary)

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Ajmer Vidyut Vitran Nigam Ltd. through its Assistant Engineer (O& M)/ Executive Engineer (CDME)/ Superintendent, Banswara (Erstwhile RSEB, Banswara).

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----Appellants

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Versus 1. The Judge, Industrial Disputes Tribunal and Labour Court Udaipur

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Jahiruddin S/o Shri Shekh Salimuddin, R/o Khadarwadi, Banswara, through registered Trade Union Electricity Labour Union of Rajasthan (through Mahamantri Shri Day Lal Sharma)

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----Respondents

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For Appellant(s)	: Mr.	Vikram Choudhary
For Respondent(s)	: Mr.	Himmat Jagga with
	Ms.	Tanya Chug

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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24/01/2024

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This special appeal writ is filed by the appellants being aggrieved with the order dated 16.01.2014 passed by the learned Single Judge in S.B. Civil Writ Petition No.4618/2005, challenging the award of the Labour Court, has been dismissed.

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The Labour Court vide award dated 09.12.2004 has answered the reference and held that the respondent-workman is not entitled for pay scale of Helper Grade-II since year 1980, however, he is entitled for the pay scale of Meter Reader Grade-II

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(2 of 2) [SAW-499/2014]

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from 15.12.1980 and the benefits of selection scales of 9, 18 & 27 years of service as he was working as Meter Reader Grade-II since 15.12.1980.

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The learned Single Judge, while dismissing the writ petition, has upheld the award while observing that the respondentworkman constantly worked as Meter Reader Grade-II since 1980, he is entitled for the pay scale of the Meter Reader and further selection scales.

¶20

Learned counsel for the appellants as submitted that since the respondent-workman was not appointed through a regular selection process on the post of Meter Reader Grade-II, he is not entitled for the salary of Meter Reader Grade-II.

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We are of the view that if the respondent-workman has worked on the post of the Meter Reader Grade-II, he is entitled for the salary of the Meter Reader Grade-II in view of the principle of equal pay for equal work. Otherwise also, learned counsel for the respondents has informed that pursuant to the award passed by the Labour Court and the order passed by the learned Single Judge, the respondent-workman was granted selection scales and the due salary amount by the appellants and now he has been superannuated.

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In view of the above discussion, we do not find any case for interference in this special appeal writ and the same is dismissed as such.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

¶25

28-nitin/-

Ajmer Vidyut Vitran Nigam Ltd. and Anr. v. Judge,I.D.T.and Labour Court Udaipur Andanr.

Case brief

What is this about?

What did the court decide?

Ajmer Vidyut Vitran Nigam Ltd. and Anr. v. Judge,I.D.T.and Labour Court Udaipur Andanr.

Case brief

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What did the court decide?

What the court decided

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