JUDGMENT
B.N. Kirpal, J.
(1) This judgment will dispose of Civil Writ Nos. 3297/82and 1281/83. M/s. Apco Fabrics, petitioner in Civil Writ No. 3297/82 hademployed, at the show-room at Delhi, Shri Ravi Awasthy (respondent in Civil Writ No 3297/82 and petitioner in Civil Writ No. 1281/84). He was appointed on daily wages and had been working since October, 1976.
(2) By letter dated 3/11/1977, the Regional Manager of Apco Fabrics recommended to the Headquarters at Hyderabad that Shri RaviAwasthy should be employed as Assistant Salesman on probation for a period of one year in the time scale of Rs.120-3-150-,4-225with usual allowances admissible to the post. By the order dated 28/12/1977, the Head Office of Apco Fabric accorded permission to appoint Shri Ravi Awasthy as Assistant Salesman on probation but on a stipend of Rs. 250.00 per month. It appears that he represented and by letter dated 16/11/1978, ShriAwasthy was informed that the question of confirming him as a probationer Salesman would arise only after he completed the probation period of one year The next relevant letter is of dated 20/09/1979, whereby Shri RaviAwasthy’s services were terminated on the ground that his work was found unsatisfactory.
(3) On the termination of Shri Ravi Awasthy's services, an industrial dispute arose and by the order dated 25/10/1980, the following reference was made to the labour court, Delhi : "Whether the termination of services of Shri Ravi Awasthy is legal and or justified and if not, to what relief is he entitled and what directions are necessary in this regard ? By the order dated 14/12/1981, the Presiding Officer came to the conclusion that the termination of the petitioner's services was invalid because the provision of Section 21-F of the Industrial Disputes Act had not been followed: Shri Ravi Awasthy was ordered to be re-instated with full backwages. It was directed that his pay will be fixed in the scale of Rs. 150-400 and he would be entitled to admissible allowances as well as continuity of service. (4) The aforesaid award has been challenged by Apco Fabrics by filing the present writ petition No. 3297/82. Ravi Awasthy on the other hand, has challenged his fixation of salary in the scale of Rs. 150-400 by filing the writ petition No. 1281/84.
(5) Shri Narsiman, the learned counsel for Apco Fabrics has contended that the placement of Ravi Awasthy in the scale of Rs. 150-400 was incorrect inasmuch as at the time of termination of his services he was drawing a consolidated pay of Rs. 250.00 per month. The learned counsel submits that the labour court could not have ordered payment of salary higher than that. ShriRaj Birbal, the learned counsel for Shri Awasthy, however, contends that Apco Fabrics had agreed to employ Ravi Awasthy as a Sales Man and, therefore, his salary should have been fixed in the scale prescribed for Salesman.
(6) It is pertinent to note that the order of reinstatement is not being challenged by Apco Fabrics. The challenge is only to the placement of RaviAwasthy in the scale of Rs. 150-400. I find that in the letter dated 3rdNov1977, the Delhi Office of Apco Fabrics had recommended that Ravi Awasthy should be placed in the scale of Rs. 120-225. It may hereby noted that this scale had been revised to Rs. 150-400 at the time when the award was made infamous of Ravi Awasthy. It is no doubt true that Ravi Awasthy was drawing a consolidated salary of Rs. 250.00 per month at the time when his services were terminated but when the labour court ordered reinstatement and payment ofwages, the wages which could be fixed could only be those which are permissible in law. It is not disputed that the provisions of Delhi Shops and Establishment Act are applicable and the petitioner would be entitled to receive at least the minimum salary prescribed under that Act. The respondents themselves have a scale of Rs. 150-400 and this is the lowest scale in the said organisation. It is not in dispute that in fact the scale of pay to which an Assistant Sales Manager was entitled to under the Apco Fabrics was 120-225.00, subsequently revised to Rs. 150-400. When all the other employees of Apco Fabrics similarly placed to Ravi Awasthy’s post namely of Assistant Salesman were placed in the scale of Rs. 120-225, then there is no reason as to why Ravi Awasthy should be paid a consolidated salary of Rs. 250.00 per month. Equal pay for equal work has now been firmly established as a rule which is applicable while considering the salary which is to be paid to the employees. When the general rule is that the scale of pay for an Assistant Salesman is Rs. 120-225 (pre-revised)andAssistant Salesman were being paid at that scale, the payment of consolidated salary of Rs. 250.00 per month to Ravi Awasthy was clearly discriminatory. The labour court was, therefore, right in directing that the salary of Ravi Awasthy should be fixed in the scale of Rs. 150-400 (revised).
(7) As regards the plea of Shri Ravi Awasthy that he should be placed higher than Rs. 150-400, I see no merit in that contention. Ravi Awasthy was appointed as an Assistant Salesman and he was never appointed as a Salesman,which is a grade higher than that of Assistant Salesman. Apco Fabrics was merely contemplating in appointing Ravi Awasthy to the post of Salesman but he was never appointed as such. At the time, when the services were terminated, he was working as Assistant Salesman. Therefore, the labour court rightly directed that the salary of Ravi Awasthy should be fixed in the scale applicable to all the Assistant Salesmen namely scale of Rs. 150-400. For the aforesaidreasons, both the writ petitions are dismissed. The parties to bear their owncosts. It is, however, noted that by interim order dated 13/12/1982in Civil Writ No. 3297/82, Apco Fabrics were directed to pay to Ravi Awasthy,the arrears at the rate of Rs. 250.00 per month. In view of the writ petition having been dismissed, the payment will have to be made to Ravi Awasthy inters of the order of the labour court after giving the credit to Apco Fabrics of the salary at the rate of Rs. 250.00 per month paid to Ravi Awasthy. RaviAwasthy would be entitled to all other benefits awarded to him including continuity of service.