TMI Blog1997 (4) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... anni Jee Sugar and General Mills Company; by reason of his option exercised pursuant to Government Order No. 10397 (HI)/XXVI-C-83 (Hl)/70, dated 27.11.70 he is entitled to the wages as paid to the Medical Officer in P.M.S. II and not those prescribed by the Wage Board. The Government of U.P. has allowed the selection grade scale to P.M.H.S. Officers with effect from 1.7.82 who had completed 16 years service before the said date or on any subsequent dates thereafter. Since Respondent No. 1 had also complete 16 years continuous service, therefore, he is also entitled to get the selection grade w.e.f. 1.7.82. The Petitioner had rejected the claim of Respondent No. 1 by an order dated 12.6.89 though Respondent No. 1 was entitled to the difference of pay as calculated in Annexure D to the said application and, therefore, he had prayed for computation of the said amount due, under Section 33C(2) of the Act before the Labour Court. The Petitioner, on the other hand, contested the said case on various grounds by filing written statement. It was contended that Respondent No. 1 was not a workman under Section 2 (b) of the Act and that he is not entitled to the pay scale/and or terms and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into those questions for the reason following. 6. A short point that falls for decision is as to whether the relief sought for is a computation flowing from an existing right or it amounts to determination of the entitlement, as contended by the Petitioners. M/s. Panni Jee Sugar and General Mills Company was a Company. The Government by its order dated 27.4.61 (Annexure CA 4 to the counter-affidavit of Respondent No. 1) enforced recommendation of the 1st Wage Board Award for Sugar industries. The Medical Staff were defined as Medical and Educational Staff. By reason of inclusion of the Medical Staff in the recommendation of the Wage Board Award (Annexure CA 4 to the counter-affidavit of Respondent No. 1), the Respondent No. 1 was covered by the recommendation of the Wage Board Award which is applicable to a workman. The question as to whether the Respondent No. 1 is a workman or not is no more open for determination. The Labour Court had relied on the statement of the witnesses, namely, the workman witness No. 1 and the employer witness No. 1 as recorded in Annexure CA 2 and 3 to the counter-affidavit filed by Respondent No. 1 and found that Respondent No. 1 was not given any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it appears from the fact, no doubt shows that simply on the basis of the service record of Respondent, the same can be decided without any further evidence to be led by the parties. The Petitioner has not disputed that part of the records. 8. The undertaking was acquired under the said Act on 28.10.84. The Government Order dated 22.3.84 prescribing grant of selection grade was issued long before 28.10.84. Therefore, on the date of acquisition, the right of the Respondent stood accrued and came into existence. Now the learned Counsel for the Petitioner contends that because of the provisions contained in the said Acquisition Act, Respondent No. 1 cannot claim the said right as an existing right because of the different provisions of the said Acquisition Act which has brought about material changes in relation between employee and employer between Respondent and Petitioner. According to him, since the right had accrued prior to the date of acquisition, the same can be realised only by an application before the prescribed authority appointed under Section 10 or of the Acquisition Act in terms of Section 7 (6)(c) of the said Act. Therefore, the right claimed by Respondent No. 1 is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ileges as to pension, gratuity and other matters as he would have held on the appointed day if the undertaking had not been transferred to and vested in the Corporation, and would continue to do so until his employment is terminated or his remuneration or other terms and conditions of services are revised or altered either in pursuance of any law or by any provisions by which he governed. 10. Section 16 (1) of the Acquisition Act provides as above is in the following terms: 16. Transfer of employees.--(1) Save as otherwise provided in this section, every person (other than a director of a company in whom the ownership, management or control of the scheduled undertaking was vested immediately before the appointed day, or of a subsidiary com; any of such company or a relative, as defined in Section 6 of the Companies Act, 1956 (Act I of 1956), of such director or of proprietor or partner or lessee of the undertaking who was employed exclusively in connection with the schedule undertaking immediately before the appointed day shall, on and from that day become an employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment, or any trade union of which such person was member, may prefer to the prescribed authority any claim relating to any salary, wages, retaining allowance, leave salary, bonus, pension, provident fund, gratuity or other payment due to him, or the proportionate amount thereof in respect of any service rendered by him in connection with the undertaking before the said day. 13. In view of Sub-section (5), Section 8 of the Acquisition Act the entitlement of an employee continuing under Section 16 of the said Act in respect of the period prior to the appointed day or after the appointed day are divided into two parts. Any claim with regard to salary, wages, etc., for the period prior to appointed day, even by a person continuing as an employee under Section 16 of the Acquisition Act, is to be preferred to the prescribed authority. So far as the rest of the claim after the appointed day, it is the responsibility of the Corporation. 14. Section 16 of the Acquisition Act makes a distinction with regard to salary and with regard to privileges such as pension, gratuity and other matters. So far as salary is concerned, the same is payable only if the same relates to a period after t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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