IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 276 of 2010 (O&M) Date of Decision: November 10, 2010 Doaba Cooperative Sugar Mills Mazdoor Union, Nawanshahar …Appellant Versus Presiding Officer, Industrial Tribunal, Punjab, Chandigarh and another …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Yash Paul Khullar, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal under Clause X of the Letters Patent has been preferred by the Doaba Cooperative Sugar Mills Mazdoor Union, which have lost the issues with regard to higher scale of pay before the Labour Court as well as before the learned Single Judge. Upholding the award of the Labour Court the learned Single Judge has found that the higher pay scale commensurate with Bio Lab Technical Assistant would not be admissible because the workman did not have requisite training as no proof was produced in support thereof. On the basis of the requisite training alone promotion could not have been claimed, therefore, they lacked necessary technical knowledge necessary for Lab Assistant. On the contrary the witnesses of the management affirmed that there was no resolution of Appointment Sub Committee promoting the workman to the higher post. The learned Single Judge found that these findings of fact were well based and did not warrant interference by the Writ Court. Having heard learned counsel we find that there is no room to interfere in the judgment rendered by the learned Single Judge. The appeal is wholly without merit. Dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) November 10, 2010 JUDGE Pkapoor 2