KARNATAKA LINGAYAT EDUCATION SOCIETY Vs. SIDDAPPA G. NAMBA

JUDGEMENT

(1.) The employer-KLE Society has filed this batch of writ petitions against the respondent-workmen, Instructors/Teachers aggrieved by the order dated 28th December, 2011 passed by the Additional Labour Court, Hubballi, deciding the preliminary Issues 2 and 4 only regarding the jurisdiction of the Labour Court to decide such applications of the respondent-workmen under Sec. 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act').

(2.) The issue involved before the Labour Court was as to: (i) Whether the respondents, most of whom, except Mr. Siddappa G. Namba who is still continuing in the service, had already retired from the service of the employer-KLE Society before filing of the applications under Sec. 33-C(2) of the Act, were entitled to file applications under Sec. 33-C(2) of the Act; and (ii) Whether the Labour Court had the jurisdiction to entertain such applications for deciding the claim of the respondents that they were entitled to claim parity with the Government employees in similar positions with regard to difference of Dearness Allowance, Encashment of Earned Leave, etc.-, (iii) Whether after ending of the jural relationship of employer and employee after their retirement, such ex-employees could still approach the Labour Court for such relief under Sec. 33-C(2) of the Act; and (iv) Whether without there being any pre-existing admitted liability to pay such difference of Dearness Allowance, encashment of Earned Leave, etc., the Labour Court could grant such relief within the ambit and scope of Sec. 33-C(2) of the Act.

(3.) The Labour Court decided these issues in favour of the respondents-employees including the retired employees also and distinguished the various Supreme Court judgments cited before the Labour Court from the side of the employer, that the Labour Court could not decide these issues under Sec. 33-C(2) of the Act with the following observations: