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Regional Manager, U.P.S.R.T.C. Jhansi v. Mohd. Usman Ali & Another - WRIT - C No. 17678 of 2004  RD-AH 12823 (2 August 2006)
Civil Misc. Writ Petition No. 17678 of 2004
U.P.S.R.T.C. Jhansi Region, Jhansi
Mohd. Usman Ali and an other
Hon'ble Vineet Saran, J.
Heard Sri Rahul Anand Gaur, learned counsel appearing for the petitioner as well as Sri B.N.Singh, learned counsel appearing for the contesting respondent no.1. Counter and rejoinder affidavits have been exchanged. With consent of learned counsel for the parties, this writ petition is being disposed of at the admission stage.
A reference was made to the Labour Court to the effect as to whether the respondent no.1-workman would be entitled to the benefit of being paid the wages/salary of a Clerk with effect from 1.8.1978 instead of wages for the post on which he was actually appointed on 1.8.1978, which was as a Water Boy. By an award dated 29.10.2003 the reference has been answered in favour of the respondent no.1-workman and a direction has been issued that the respondent no.1-workman would be entitled to payment of wages/salary of Clerk right from the date of his appointment, i.e. with effect from 1.8.1978, which is 23 years prior to the date of reference, which was made to the Labour Court only in the year 2001. The said order has been passed only on the ground that even though the respondent no.1-workman was appointed on the post of Water Boy but he was always asked to look after the work of a Clerk. The Labour Court has not considered as to why the workman had approached the State Government for making the reference after more than two decades. In the absence of there being any reasonable ground for making the reference after such a long period, even though the respondent no.1-workman may have made out a case but, in my view, there is no justification in awarding the back wages for a period of 23 years prior to the date of reference. As such the award of the Tribunal directing the respondent no.1-workman to be paid salary on the post of Office Assistant Clerk II with effect from 1.8.1978 is not justified. In the facts of the present case, the salary on the post of Office Assistant Clerk II could have been made payable to the respondent no.1-workman only from the date of reference i.e. 31.1.2001.
Accordingly, the award dated 29.10.2003 is modified to the extent that the respondent no.1-workman shall be entitled to the salary/wages of Office Assistant Clerk II from 31.1.2001. The writ petition stands partly allowed to the extent indicated above. The petitioner-Corporation shall pay the arrears of salary to the respondent no.1-workman from the date of reference till today within a period of four months from today. The current salary of Office Assistant Clerk II shall however be paid to the respondent no.1-workman for future, regularly month by month.
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