IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT DB Civil Special Appeal No. 164/2010 in SB Civil Writ Petition No.11566/2009 Divisional Manager/ Chief Manager, RSRTC Vs Nand Kishore 21.4.2010 Hon'ble Mr Justice Dalip Singh Hon'ble Mr Justice MN Bhandari Mr Virendra Lodha for appellant BY THE COURT:
A challenge has been made to the order dated 20.10.2009 whereby the writ petition preferred by the Corporation was dismissed. The writ petition was filed to challenge the award dated 27.1.2009 passed by the Industrial Tribunal, Rajasthan, Jaipur.
A dispute was raised regarding non-grant of regular pay scale to the non-appellant-workman for the period from 15.5.1982 to 1.10.1983. The non-appellant-workman came with the case that after proper selection he was appointed on the post of Conductor but was paid wages on daily rate basis. He was given regular pay scale with effect from 1.10.1983 though he was entitled for the same from the date of his initial appointment pursuant to his selection.
Learned counsel for appellant Corporation submits that there was delay in raising the dispute as otherwise it has been agreed that selection by the Committee was for regular appointment. However even after regular selection when non-appellant was appointed on daily wages basis he could not have claimed regular pay scale from the date of initial appointment once he has accepted salary on daily wages basis.
We have considered submissions made by learned counsel for appellant and perused the record.
While passing the award, the Tribunal has taken note of the aspect whether initially selection was for regular appointment or on daily wages basis. A finding has been recorded that when non-appellant was called for regular selection, there was no justification to fix him on daily wages basis. Accordingly, the award was passed in favour of the employee-non-appellant.
In the writ petition, Corporation came with the same pleas however taking note of all the aspects, learned Single Judge dismissed the writ petition. Since it has not been disputed by learned counsel for appellant that selection was for regular appointment, we find no justification on the part of the Corporation to keep such a person on daily rate basis having been selected by a regular process of selection. As a consequence of regular selection, employee was entitled for regular pay scale from the date of initial appointment.
In view of aforesaid, even if there was delay, which is merely on account of repeated representations by the employee concerned, it is not fatal so as to deny benefit as otherwise awarded by the learned Tribunal an affirmed by the learned Single Judge.
We find no error or illegality in the order passed by the learned Single Judge. Hence, the appeal is dismissed. Stay application also stands dismissed.
(MN Bhandari), J. (Dalip Singh) J bnsharm