08. The plea that has been advanced by the respondents is highly unreasonable inasmuch as when the entitlement of the industrial worker was declared by the Labour Tribunal and affirmed by the High Court, in ordinary course that would be applicable for in the similar class of employee, but since that was not done, a slew of litigations followed where this court has extended the similar benefit, however, restricting the arrears by making it partly notional. The pay scale of Rs.240-440/- which has been accepted for the trained industrial worker was generally given to all the industrial worker irrespective of training, as they were discharging the same duties and responsibilities. Therefore, even though the petitioner was appointed on 03.11.1997, he is also entitled to get the corresponding revised scale of Rs.240-440/. In this regard, unfortunately the factual matrix is very scanty. Even most of the previous judgment has not dwelled upon that aspect of the matter. But on scrutiny, this court finds the claim of the petitioner is quite legitimate and he is entitled to get the corresponding revised pay scale of the pay scale of Rs.240-440/- from the date of his appointment.
