P K SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This appeal by special leave is filed by 16 workmen of the Small Arms Factory, Kanpur against the common order dated 14th February, 1979 passed by the Central Government Industrial Tribunal-cum-Labour Court, Alipur Road, Delhi in applications bearing L.C.A. Nos. 389, 391 to 393 and 395 to 406 of 1978 filed under section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') rejecting their claims.

(2.) The appellants filed the applications under section 33-C(2) of the Act for computation of the wages payable to them for certain periods as detailed in the respective petitions. Their case was that even though they had been engaged as 'C' Grade Fitters, they were entitled to the salary and allowances payable to 'B' Grade Fitters, since they were doing the same duties as 'B' Grade Fitters. The Management contested the applications filed by the appellants stating that they were not maintainable since the principal question involved in all the applications related to the re-classification of the workmen concerned and that such a relief could not be claimed under section 33-C(2) of the Act. The Central Government Industrial Tribunal-cum-Labour Court upheld the objection of the Management and rejected the applications by its common Order dated 14th February, 1979. Aggrieved by the said common order the appellants filed this appeal by special leave.

(3.) It is not disputed that the appellants had been employed as 'C' Grade Fitters and in order to get the salary and allowances payable to 'B' Grade Fitters they had to be promoted to the cadre of 'B' Grade Fitters on their passing certain trade tests. Admittedly, the appellants had not been so promoted. But, their case before the Central Government Industrial Tribunal-cum-Labour Court was that since they were doing the same duties which are performed by a 'B' Grade Fitter, they were entitled to claim the wages payable to 'B' Grade Fitters under section 33-C(2) of the Act. Section 33-C(2) of the Act reads thus: