U.P. STATE ELECTRICITY BOARD & ANR. versus AZIZ AHMAD

U.P. STATE ELECTRICITY BOARD & ANR. versus AZIZ AHMAD

The Tribunal and High Court erred in placing the burden of proof on the employer and deciding based only on pleadings without objective evidence regarding job requirements and equivalence. The burden is upon the claimant to prove similarity in duties and responsibilities, which was not fulfilled. Therefore, the matter was remanded to the Tribunal for fresh adjudication with opportunity for both parties to lead evidence.

Parties
Appellant: U.P. State Electricity Board & Another; Respondent: Aziz Ahmad
Jurisdiction
India
Judgment Date
20 January 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Disposing Writ Petition; Remanded to Industrial Tribunal
Outcome
Appeal disposed of; award and High Court judgment set aside; matter remanded to Tribunal for fresh adjudication.
Legal Topics
Equal Pay for Equal Work, Burden of Proof, Job Evaluation, Remand to Tribunal
Labour Law Equal Pay for Equal Work Burden of Proof Job Evaluation Remand to Tribunal

Case Brief

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Parties

U.P. State Electricity Board & Another

Appellant

Aziz Ahmad

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Disposing Writ Petition; Remanded to Industrial Tribunal

Legal Issues

  1. 1 Whether the post of Boiler Overhauling Mechanic is equivalent to Boiler Mistry or Fitter for pay scale purposes
  2. 2 Whether the duties and responsibilities of the three posts are identical or similar

Ratio Decidendi

The Tribunal and High Court erred in placing the burden of proof on the employer and deciding based only on pleadings without objective evidence regarding job requirements and equivalence. The burden is upon the claimant to prove similarity in duties and responsibilities, which was not fulfilled. Therefore, the matter was remanded to the Tribunal for fresh adjudication with opportunity for both parties to lead evidence.

Court Disposition

Appeal disposed of; award and High Court judgment set aside; matter remanded to Tribunal for fresh adjudication.

Orders

  • Both Tribunal award and High Court judgment set aside
  • Matter remitted to Industrial Tribunal for decision in line with Supreme Court's observations