W.P.No.8126/2010
M.P.Road Transport Corporation Madan Lal Purviya & another
and another
16.7.2010
Shri P.K.Mishra, counsel for petitioners.
This petition is directed against an order dated
20.11.2007 Annexure P-1 by the Labour Court No.2, Bhopal in
(old case no.211/MPIR/1991) case no.633/MPIR/1999, affirmed
by the Industrial Tribunal, Bench Bhopal by order dated
25.8.2009 in appeal no.19/MPIR/2009. Both the Tribunals
found that the respondent no.1 was discharging the duties of
Assistant Security Inspector since 1.9.1989. The Tribunal found
that though he was discharging the duties on the post, but was
not entitled to be classified for the said post as he was not
appointed for the said post and his substantive post was
Security Guard. However the Labour Court and Industrial Court
allowed difference of pay for the said post in the light of the law
laid down by this Court in M.P.S.R.T.C.& another Vs. Narain
Singh Rathore & others (1994 MPLJ 959).
Though the learned counsel for petitioners submitted that
it was not proved that since 1.9.1989 respondent no.1 was
discharging the duties of Assistant Security Inspector, but from
the perusal of finding recorded by the Court below, we find that
a specific finding has been recorded by both the Tribunals that
he was discharging the duties of Assistant Security Inspector.
The aforesaid finding has been recorded by both the Tribunals
after due appreciation of evidence, in which no error could be
pointed out. Both the Tribunals relying on the judgment of this
Court in Narain Singh Rathore (supra) found that respondent
no.1 was entitled for difference of pay for the said post and
allowed the application partially, in which no error of jurisdiction
is found.
W.P.No.8126/2010
M.P.Road Transport Corporation Madan Lal Purviya & another
and another
This petition is found without merit and is dismissed at
admission stage, with no order as to costs.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
M.