Narinder vs State of H.P. and another

Sanjay Karol, J.—Petitioner has prayed for following relief:

In view of the facts mentioned in Para No:6 the applicant prays for the relief thereby directing the respondent to give the applicant better status works/change of designation and enhanced wages from March 2003 on wards.

Respondents in their reply have clarified the position with regard to engagement of other persons as Pump Operator and Mate. Relevant portions of reply reads as under:

In this behalf it is submitted that the application was engaged on daily wages beldar w.e.f. Sep. 1994 as per availability of work/funds in Medical College Sub-Division No. II, I.G.M.C. Shimla. Up till now the applicant is performing the same duty. In fact, earlier there was separate Medical College Division executing the work of I.G.M.C. which was under Superintending Engineer, 2nd Circle, and under the said Division total Four Sub-Divisions in I.G.M.C. itself, were functioning as per requirement of work. However with the passing of time and completion of Medical College works, there remained hardly any work to continue with four Sub-Divisions. Accordingly the labor, so engaged on daily wages basis of three Sub-Divisions were also suitably readjusted vis-a-vis requirement of job. Accordingly few of the daily wages irrespective of their Seniority of daily wage category have been deployed against vacant job due to said re-adjustment in the category M/Mate, W.I. Painter, Fitter, Pump Operator etc. It is pertinent to mention here that in the category of daily wages higher rates M/Roll is issued to an individual work man strictly on the basis of capability to perform the job vis-a-vis of availability of the work. To grant M/Roll in the higher category does not amount to promotion because no such provision in R&P Rules for these categories are available. Hence in the light of these submission the claim of the applicant is not maintainable.

This Hon''ble Tribunal has no jurisdiction to try and decide the matter. The present dispute is purely an labor dispute under industrial dispute act as provided for redressal of grievances of individual work man. Hence present O.A. deserve dismissal in this fault ground.

Para 6. (1 to 5). That in the reply to those sub-para it is submitted that the applicant was engaged on daily wages beldar w.e.f. September, 1994 as per availability of work/funds in Sub-Division NO.II, I.G.M.C. Shimla. Uptill now the applicant is performing the same duty. In fact, earlier there was separate Medical College Division executing the work of I.G.M.C. which was under Superintending Engineer, 2nd Circle and under the said Division total Four Sub-Divisions in IGMC itself were functioning as per the requirement of work. However with the passing of time and completion of Medical College Works, there remained hardly any work to continue with Four Sub-Divisions, Accordingly vis-a-vis requirement of job. Accordingly few of the daily wages irrespective of their seniority of daily wage category have been given vacant job due to said readjustment in the category M/Mate, W.I. Painter, Fitter, Pump Operator etc. It is also pertinent to mention here that in the category of daily wages higher posted M/Roll is issued to an individual work man strictly on the basis of capability to perform the job vis-a-vis of availability of the work. To grant M/Roll in the higher category does not amount to promotion as such provision of R&P Rules in category are not available. Hence, in the light of these submission the claim of the applicant is not maintainable.

Thus, the position which has emerged from the record is evidently clear and no benefit of enhanced wages can be afforded to him. The Sub-Division where petitioner was working has been close down and the workmen sent to different divisions. Hence, present petition being devoid of merit is dismissed, so also pending application(s), if any.