Sri Prafulla Sarangi vs The Presiding Officer, Labour Court and Others

L. Mohapatra, J.—This Writ Application is directed against the order dated 28.4.1999 passed by the Presiding Officer, Labour Court, Jeypore rejecting an application u/s 33-C(2) of the Industrial Disputes Act in I. D. Misc. Case No. 18 of 1997.

Case of the petitioner is that he was a Crawler Tractor Operator in the scale of Highly skilled-B category. While continuing as such he made a request in the year 1974 for transfer to Berhampur and on his request he was transferred and posted at Berhampur as a Driver-B. However, the said post of Driver-B carries less scale of pay than what the petitioner was getting as Crawler Tractor Operator. The petitioner thereafter made a representation for protection of his scale of pay and the same was rejected and after retirement from service he filed an application u/s 33-C(2) of the Industrial Disputes Act, 1947 before the Presiding Officer, Labour Court, Jeypore and the Labour Court rejected the petition on the ground that in the transfer order scale of pay was mentioned and unless transfer order is held to be illegal under a Reference made to the Industrial Tribunal, an application u/s 33-C(2) of the Industrial Disputes Act cannot be considered for the purpose of enhancement of scale of pay and payment thereon.

Dr. Prithviraj, learned Counsel appearing for the petitioner drew attention of the Court to the transfer order and submitted that since the petitioner was holding a post of Highly Skilled Grade-B and was getting higher scale of pay he should not have been adjusted as a Driver Grade-B at a lower scale of pay on transfer even on his request. Sri Patnaik learned Counsel appearing for the opposite parties, on the other hand, submitted that in the letter requesting for transfer the petitioner had specifically requested for posting as a Truck Driver at Berhampur and such request was accepted and the petitioner was posted as a Truck Driver with the scale of pay the post carries. It is also contended by Sri Pattnaik that while working as a Truck Driver the petitioner cannot be given scale of pay of Crawler Tractor Operation.

Having heard learned Counsel for the parties, I think it necessary to refer the letter dated 8.4.1974 of the petitioner requesting for transfer. The entire letter is quoted below :

"To

The Chief Engineer, (Rural Electrification) O.S.E.B., Bhubaneswar. Sub : Transfer of self. Sir,

With respect and humble submission I beg to lay the following for your kind information and necessary favourable orders.

That I have been working as Crawler Tractor Operator under the Balimela Talcher Transmission Line Construction Division No. 1, Bhubaneswar since 1970. Now it is regretted to inform your honour that those Cruler Tractors have already been transferred to the control of the Rural Engg. Organisation, Government of Orissa, and so the posts of Drivers of the above Tractors will be abolished as understood from the Balimela Talcher Transmission Line construction Division No. 1, Bhubaneswar. The Executive Engineer of the Division has been kind enough to direct me to apply for transfer to any other Division under the Board where there is vacant posts to be filled up. Accordingly, I further beg to bring it to your kind notice that there are some posts of Truck Drivers have fallen vacant under the disposal of Electrical Circle, Berhampur where I may kindly be absorbed in your goodself.

Therefore, I pray that you will be good, kind and gracious enough to transfer me to the control of the Superintending Engineer, Electrical Circle, Berhampur to enable me to manage my family during these hard days for which I will remain ever grateful.

Yours faithfully BBSR. Sd/- Date : 8.4.1974 (P.K. Samantaray) C. T. Operator B.T.T.L.C. Divn. Bhubaneswar."

It is clear from the above letter that apprehending that the petitioner may lose his job he requested for transfer and posting at Berhampur as Truck Driver. Such request was accepted by the employer and he was posted as a Truck Driver in the scale of pay it carries. In such a case no protection to the scale of pay can be given to the petitioner.

Under the circumstances, I am of the view that the petitioner is not entitled to the higher scale of pay as claimed by him and accordingly no order can be passed for payment of differential salary. The Writ Application is devoid of any merit an accordingly it is dismissed.

Urgent certified copy of the order be granted on proper application.