The appellant fitted Srivastava in grade II B one month after the award became enforceable and number from Nov. 1, 1960.
This order of the Labour Court was challenged by the appellant before the High Court.
the failure of the management to give a proper grade to Srivastava, numberwithstanding an order passed by the State Government on April 27, 1961.
The workers Union applied to the Labour Court for amending its award on the ground that it had omitted to answer the second question referred to it by the State Government for Adjudication.
The Labour Court has held that the promotion given by the appellant, to S. Agarwal as Accountant is vitiated by unfair labour practice and victimisation and it has further directed the appellant to promote K.N. Srivastava as Accountant from February 12,1964 and pay him the back wages together with increments.
There is numbercontroversy that one of the workmen involved in the dispute was K.N. Srivastava, but the Labour Court omitted to mention the date from which the said fitment should have effect.
A learned Single Judge and on appeal, a Division Bench of the Allahabad High Court, dismissed the writ petition praying for manamus.
S. Agarwal joined service with the appellant on August 1, 1961 and was working in the Accounts Department.
The Wage Board had also recommended that its decision should be brought into effect from November 1, 1960.
K.N. Srivastava jointed the Accounts Department of the appellant on April 14, 1960.
The respondent Union felt that Srivastava had been superseded because of his trade union activities as Joint Secretary of the Labour Union.
The Labour Court, by its award dated November, 5, 1963 held that two of the said workmen should be fitted in grade II9B and grade IV within one of month after the award became enforce able.
The U.P. Government accepted those recommendations by its Notification dated April 27, 1961.
On February 1, 1964 M. P. Varma, Senior Assistant Accountant, resigned his post and in his place Agarwal was promoted as Senior Assistant Accountant.
The Labour Court amen ded its award and directed that workmen should have the benefit of the grades with effect from November 1, 1960.
We shall number refer to the facts relating to the order of the State Government dated April 27, 1961.
Vaidialingam, J. This appeal, by Special leave, is directed against the award, dated November 30, 1965 of the Labour Court II at Kanpur.
On February 12, 1964 V. P, Varma, Accountant, retired and Agarwal was promoted as Accountant.
The mere fact, without anything more, that Srivastava was the Joint Secretary of the Labour Union at the material time will number, by itself, lead to the companyclusion that the promotion that the companynsel urged the second aspect, viz.,
The Central Wage Board for Sugar Industry, appointed by the Union Government, had made certain recommendations regarding the wage structure revision of all categories of workmen and their fitment in particular grades.
