IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.740 of 1990 Date of decision:15.12.2009 Punjab Khadi and Village Industries Board, Chandigarh ....Petitioner versus The Presiding Officer, Labour Court, Union Territory, Chandigarh and another. ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. S.P. Soi, Advocate, for the petitioner. Ms. Monica Chhibbar Sharma, Deputy Advocate General, Punjab. Mr. Balbir Singh Sewak, Advocate, for respondent No.2. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The writ petition challenges the order passed by the Labour Court in a claim petition filed under Section 33-C(2) of the Industrial Disputes Act. The claim of the workman was on the basis that he was working as a District Organizer in the Punjab Khadi Board on a scale of Rs.150-400 along with the allowances from 06.04.1978 to 31.01.1980 and as Assistant Technical Inspector from 01.02.1980 to 08.09.1980. His services were terminated on the alleged ground that a specific scheme under which he was working was withdrawn and the continuance of the workman became impossible. However, the Finance Commission Civil Writ Petition No.740 of 1990 - 2 - had recommended revision of scales of various categories of persons working in the Khadi Board and the revision of scales applied also to persons that held the post as District Organizer and Assistant Technical Inspector. To the claim by the workman after his termination for monetary benefits, the response by the Board was that the increased scales of pay which were accepted as effective from 01.01.1978 were to be applied only for persons, who actually held that post when the decision was taken by the Board on 07.01.1981 and since the workman was not holding the post on that day, he was not entitled to the revised scale. The Labour Court, by adverting to the terms and proceedings of the office order dated 07.01.1981 and the order of the Member Secretary on 23.06.1981 for revision of scales for Assistants, held that there were nothing in the respective orders to show that these were applicable only to persons, who are actually holding the posts. He, however, reasoned that when a decision had been taken to apply the increased scales retrospectively on 01.07.1981, there was no escape from conclusion that such increased scales were bound to be granted by the Board to the workman. The Labour Court had, therefore, acceded to the claim of the workman and ordered payment of Rs.4600.10 within 3 months and directed that he could also be loaded with interest at 12% on the expiry of 3 months. The order of the Labour Court is well considered and I affirm the same. 2. The writ petition is dismissed confirming the order of the Labour Court. 15.12.2009 (K.KANNAN) sanjeev JUDGE