@JUDGMENTTAG-ORDER
S.S. Sudhalkar, J.@mdashBy this petition, workman is challenging the award of the Labour Court, dated 12.11.1982 (copy Annexure P/2) which
it has passed u/s 33-C(2) of the Industrial Disputes Act (hereinafter referred to as the Act). Earlier the services of the petitioner was terminated but
he was reinstated by the order of the Labour Court. The petitioner did work thereafter. The question of pay is for the period 15.9.1981 to
31.10.1981. the Labour Court has awarded the pay for the above period at the rate of Rs. 243.75 per month. The petitioner states that his pay
should be calculated at the rate of Rs. 400/- per month. The petitioner contends that he was reinstated as Mechanic Grade II. The Labour Court
has held that he was apprentice Mechanic and, therefore, given the pay at lesser rate.
2. Counsel for the petitioner has drawn my attention to the impugned order of the Labour Court in which it has been mentioned that as per the
written statement, petitioner was reinstated as Mechanic Grade II. A copy of the written statement filed before the Labour Court is also produced
in this case. Respondent-employer has stated that in pursuance of the award, the petitioner joined as Mechanic Grade II. In para 9 of the writ
petition, it has been stated by the petitioner that before termination of the service, he was drawing Rs. 424/-per month and after reinstatement h is
pay cannot be reduced and all Mechanics Grade II are drawing the pay in the pay scale Rs. 400-600 and the pay of the petitioner cannot be less
than Rs. 480/- per month. In reply to that para, it has not been denied by the respondent that the petitioner was drawing Rs. 424/- per month and
in the pay scale of Rs. 400-600, he will be entitled to Rs. 480/-. As a result, there is no reason to disbelieve the petitioner on this point. The rate of
pay should be treated as Rs. 480/- per month and the amount should be calculated at that rate.
3. In the result, this petition is allowed. The pay of the petitioner be calculated by respondent No. 1 for the period from 15.9.1981 to 31.10.1981
at the rate of Rs. 480/- per month. If any amount has been paid to the petitioner in compliance with the impugned award, the said amount be given
credit of.
4. Petition allowed.
