KAPUR S K Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The appellant, who was unsuccessful before the Labour Court, before the learned single Judge of the High Court as well as before the Division Bench of the High Court, is before us in this appeal. He was a member of the 5 municipal staff in New Delhi Municipal corporation ("ndmc" for short). He took voluntary retirement from service with effect from March 31, 1981. He felt that he was entitled to ex gratia payment as well as grant of pay scales in the light of the judgment of this court in the cse of R. D. Gupta v. Lt. Governor, Delhi Admn. AIR 1987 SC 2086 : 1987 (4) SCC 505. The Labour Court, on consideration of the facts and the contentions urged, concluded that the appellant could not get the benefit of the aforementioned judgment of this Court on the ground that as far as the grant of enhanced pay scales was concerned, it is clear that it is effective from June 1, 1982 and not prior to that. In that view, the Labour court expressed the opinion that the appellant could not claim enhanced pension as the new 10 pay scales were to be made effective from June 1, 1982, whereas the appellant had retired on march 31, 1981. Hence, the application filed by the appellant under Section 33-C{2) of the industrial Disputes Act, 1947 was dismissed.