COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) 1986/2001 (Old No. 32170/2000) Sachiv U.P. State Electricity Board (Now U.P. Hydro Power Corporation Ltd.), Lucknow and Other. …….Petitioners Versus Jang Bahadur & Others …….Respondents Sri Vinay Kumar, learned Counsel for the petitioners. None for the respondents no. 1 to 3. Sri H.M. Raturi, learned Standing Counsel for the respondent no. 4. 4th August, 2008 Hon’ble P.C. Verma, J. My means of this writ petition the petitioners have challenged the award dated 23.12.1998 passed by the Labour Court, Haldwani in adjudication case no. 38 of 1995. The impugned award is contained in Annexure No. 7 to the writ petition. 2. The case of workman Jang Bahadur/respondent no. 1 is that he has been given the post and pay scale of Turbine Driver w.e.f. 8.12.1994 although the work of Turbine Driver was being taken from him since 1.7.1991. As such he was entitled to get the post & pay scale of the said post w.e.f. 1.7.1991. The case of workman Banarasi/respondent no. 2 is that he is Line Coolie but he is not being paid the pay scale of Line Coolie/Fuseman. Under these facts and circumstances, the following reference was made: 2 Whether the action of the employer in not giving its two workmen, whose names are mentioned below, the post and pay scale according to their nature of work as indicated in column 5 against their names was illegal and unjustified? If so, to what relief the concerned workmen are entitled to and from which date? Sl No Name Father’s name Post Post as per work 1 Sri Jang Bahadur Late Sri Kul Bahadur A.M.B Turbine Driver 2 Sri Banarasi -- Line Coolie Fuseman 3. The Labour Court, after taking into consideration all the documentary and oral evidence adduced on record, has recorded a clear cut finding that workman Jang Bahadur/respondent no. 1 is entitled to get the post and pay scale of Turbine Driver with effect from 1.7.1991 and workman Banarasi/respondent no. 2 is entitled to get the post and pay scale of Line Coolie with effect from 1.11.1988. 4. I have perused the materials available on record and I find no illegality or perversity in the impugned award dated 23.12.1998 passed by the Labour Court. The Labour Court has passed the impugned award after proper and exhaustive examination of the matter and in correct perspective of law. 5. In the result, I find no merit in the writ petition and the same is dismissed accordingly. (P.C. Verma, J.) 4.8.2008 Prabodh 3