IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 11152 of 2008 Date of decision: 3rd July, 2008 Deputy Commissioner, Amritsar officiating as Chairman of Sh.Dashmesh Senior Secondary Public School Kotla Sultan Singh, Amritsar and others … Petitioners Versus Presiding Officer, Labour Court, Amritsar and another … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. J.S. Thind, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. Present petition has been filed by Deputy Commissioner, Amritsar officiating as Chairman of Sh.Dashmesh Senior Secondary Public School, Kotla Sultan Singh, District Amritsar; SDM-I, Amritsar officiating as Manager of Sh.Dashmesh Senior Secondary Public School, Kotla Sultan Singh, Amritsar and Principal of Sh.Dashmesh Senior Secondary Public School, Kotla Sultan Singh, Amritsar (hereinafter called the ‘Management’). Sh.Yoginder Singh – respondent No.2 (hereinafter called the ‘workman’) was appointed as a Clerk in the Management on 08.04.1986 in the grade of Rs.400-600 accompanied by usual DA and other allowances as are paid to Punjab Government employees. On 23.02.1987, after Civil Writ Petition No. 11152 of 2008 completion of probation period of one year successfully, the workman was allowed to continue in service for a period of three years on contract basis. The workman submitted an application (Annexure P-3) under Section 33 of the Industrial Disputes Act to contend that he was appointed as a Clerk- cum-Typist on 08.04.1986 and has completed 13 years and 84 days of service and he retired as Accountant on 30.06.1999. It was claimed by him that he is entitled to arrears due to revision of pay-scale along with leave encashment, gratuity and arrears of increased rate of dearness allowance and medical allowance. Reply to the application was filed, in which it was stated that workman is not entitled to encashment of earned leave. It was stated that the applicant was given revised grade w.e.f. 28.03.1998 and hence, he was not entitled to arrears of pay-scale. As per 3rd Pay Commission, scales were revised w.e.f. 01.01.1986. The impugned order (Annexure P-7) was passed by the Labour Court. It formulated the following issues: “1. At what amount if any should the dues of the applicant be computed? 2. Relief?” The Management had produced its evidence and had placed on record various documents. The learned Labour Court, after taking the evidence into consideration, concluded as under: “11. I have keenly considered the rival contentions in the light of evidence in record. It is not disputed that the applicant was appointed vide order Ex.A-2 (Ex.A-8) as Clerk in the grade of Rs.400-600/- per usual D.A. and other allowances as are allowed to Punjab Government employees as per MW-2. He had been paid regular increasements and he also got promotion as accountant on 11.8.88. It was also admitted that the applicant was given revised grade from 1998 and not from 1.1.86. However, no order in this respect was 2 Civil Writ Petition No. 11152 of 2008 produced or proved on record. It is not disputed that in terms of Government instructions the revised grade was given to the employees w.e.f. 1.1.86. Therefore in terms of the appointment letter of the applicant, I find him entitled to arrears of revised grade w.e.f. 1.4.1986 to 31.7.88 as Clerk cum typist and w.e.f. 1.8.1988 to 31.12.95 and further from 1.1.96 to 30/6/99 as accountant at the rate of claimed by him. However, amount claimed by him as gratuity, leave encashment increased rate of D.A. and medical allowance cannot be allowed to him as no material in support of it has been proved by the applicant by way of application under Section 33 C (2) of the act. In the view of the matter the claim of the applicant for arrears of revised grade at the rates stated and for the period as referred to above can be computed as under:- a) As clerk cum typist w.e.f. 8.4.86 to 31.7.88 at the rate Rs.27,970/- of Rs.1000/- p.m. b) Arrears of Revised as an Accountant Rs.1,33,500/- w.e.f. 1.8.1988 to 31.12.95 arrears @ rs. 1500/- p.m. c) Arrears of revised grade of 1996 as an Accountant Rs.54,000/- w.e.f. 1.1.96 to 30/6/99 @ Rs.1800/- p.m. Total: Rs.2,15,470/- This issue stands accordingly decided in favour of the applicant and against the respondent.” We are of the view that learned Labour Court has returned the finding of fact after going into the evidence relied upon by the parties. The finding of the Labour Court is neither perverse nor unjust. Therefore, no interference is called for. Counsel for the petitioner is unable to point out as to what error has been committed by the Labour Court. The counsel has stated 3 Civil Writ Petition No. 11152 of 2008 that though, the school is run by the Deputy Commissioner/ SDM, it is a private school and the scales of Punjab Government are not applicable. A perusal of the appointment letter specifically states that the workman was given salary in a grade and it was stated in the appointment letter that workman shall be entitled to usual DA and other allowances as are allowed to Punjab Government employees. The claim of petitioner for reckoning arrears is to commence from the date when revised grade was granted on 28.03.1998. Grant of revised pay scale as per recommendation of Pay Commission include the date from which arrears are to be counted. Grade as stated above was granted on 28.03.1998. Application (Annexure P-3) before Labour Court was instituted on 16.01.2001, hence no delay on the part of workman can be construed. Therefore, the contention raised by counsel for the petitioner is not acceptable. Hence, we find no reason to disturb the impugned order passed by the Labour Court and the present petition is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE July 3, 2008 rps 4