IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 1275 of 2011 (O&M) Date of Decision: 27.07.2011 Tarsem Lal and others ..Appellants Versus Punjab State Coop. Supply & Marketing Federation Ltd. Chandigarh and others ..Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR. HON'BLE MR. JUSTICE GURDEV SINGH. Present : Mr. Kapil Kakkar, Advocate, for the appellants. 1. Whether to be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest? **** M.M.KUMAR, .J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 02.05.2011 rendered by the learned Single Judge holding that the appellants were not entitled to the pay scale of the Shift Incharge working in the Oil Plants of respondent organization. The learned Single Judge has taken the view that the nature of duty and the educational qualifications of the two posts are different. In that regard, reliance has been placed by the respondents on the averments made in para No. 6 which reads as under:- “ The pay scale of Shift Incharge working in the Rice Mills was not revised in the aforesaid recommendations as it related to pay scales of the Shift Incharge working in the Plants (Oil Plants of the Answering respondent). The petitioners were not possessing the minimum educational qualifications required for the post of Shift Incharge working in the Oil Plants/Units of the respondents. The pay scales of Shift Incharge working in the Oil Plant Unit was revised to Rs. 300-800 w.e.f. 6.4.1976 vide recommendations of Administrative Committee dated 23.4.1976. Whereas the pay LPA No. 1275 of 2011 (O&M) [2] scale of Shift Incharge working in the Rice Mills was revised in the month of July, 1978 to Rs. 224-500 w.e.f. 6.4.1976. It is stated that minimum educational qualifications for the two posts i.e. Shift Incharge working in the Oil Plant and Shift Incharge working in the Rice Mills are different as well as the duties and responsibilities attached to both the posts are different. The seniority list of both the cadre is separate and there is nothing in common between two class of posts except the no men culture.” 2. The aforesaid averments made in para No.6 of the written statement filed by the respondents have not been controverted. It is patently clear that the pay scales of the Shift Incharge(appellants) working in the Rice Mills were not revised and the revision was only in respect of the Shift Incharge working in the Oil Plants. Moreover, the appellants were not possessing the minimum educational qualifications required for the posts of Shift Incharge working in the Oil Plants. Their duties and responsibilities are also different. Even the seniority list of both the cadre are separate and there is nothing common between the two class of posts except the nomenclature. 3. Having heard the learned counsel for the appellants we are of the considered view that the liberty granted by the learned Single Judge for approaching the Industrial Adjudicating Forum is found to be in order and does not deserves to be interfered with. The appeal is wholly without merits and the same is hereby dismissed with costs. (M.M.KUMAR) JUDGE (GURDEV SINGH) JUDGE 27.07.2011 'ravinder'