GOVERDHAN PRASAD Vs. MANAGEMENT OF INDIAN OXYGEN LIMITED

JUDGEMENT

(1.) This appeal by special leave arises out of an order of the Labour Court, Delhi in L. C. A. No. 7/77 by which the application made by the ten workmen employed by the respondent-Indian Oxygen Ltd. (Company for short) and stationed at Ghaziabad under Section 33-C (2) of the Industrial Disputes Act was rejected upholding the preliminary objection raised on behalf of the company. The preliminary objection raised on behalf of the respondent was that an application under S. 33-C (2) of the Industrial Disputes Act was not maintainable because the relief claimed is not merely a monetary computation of an existing benefit but it is a substantive demand for changing the dearness allowance formula applicable to the applicant-workmen. After upholding the preliminary objection raised on behalf of the respondent-employer Company, the Labour Court dismissed the application. Hence this appeal by special leave.

(2.) A mere narration of factual matrix would expose the utter hollowness of the preliminary objection raised on behalf of the respondent. Ten workmen who applied for monetary computation of existing benefit, namely, that the dearness allowance formula applicable to them was the one awarded by the:Industrial Tribunal., Delhi in Reference I. D. No. 88 of 1973 in respect of workmen employed in the factory including general staff (employed in Delhi Branch) were stationed at Ghaziabad which can appropriately be described as part of Delhi agglomeration or a suburb of Delhi though technically it forms part of State of Uttar Pradesh. In reference I. D. No. 88 of 1973, the Industrial Tribunal by its Award dated October 22, 1974 directed as under

(3.) The ten workmen who moved the Labour Court under S. 33-C (2) stated that for all practical purposes they are under the general superintendence and control of the Delhi Branch and therefore, the expression in Reference I. D. No. 88/73 'including general staff (employed in Delhi Branch), would comprehend the workman employed by the Company and stationed at Ghaziabad. A mere common sense view would dictate that the claim made is unassailable and unquestionable. It is not a case of a fresh demand made by the workmen. The question raised was one of interpretation of award to determine its coverage when computing monetary benefit admissible to workmen. Sec. 33-C (2) provides that 'where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or/as to the amount at which such benefit, should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government. What the workmen contended before the Labour Court was that the dearness, allowance paid to them is not according to the award by which they are governed as being included in the expression 'staff employed in Delhi Branch'.