VIJAYAKUMAR Vs. MANAGING DIRECTOR, SATHY DEEP PHARMACEUTICAL LTD

JUDGEMENT

(1.) In the instant petition petitioner has questioned the validity of the Labour Court order passed in Application No.102/2009 dated 14.02.2011 by which petitioner claim for a particular wage as well as on the ground of maintainability of application filed under Section 33C (2) of the Industrial Disputes Act, 1947, it was rejected.

(2.) The petitioner is stated to have been appointed as driver on 11.05.2000 with the respondent Company. He had certain grouse relating to payment of wages to the extent that similarly placed driver were being paid a sum of Rs.2,000/- per month whereas the petitioner has been paid a sum of Rs.1,800/- per month in the year 2000 and such discrimination continued from time to time. In this regard, he has prepared a statement and furnished as Annexure-B1. The respondent Company having denied the claim of petitioner on the score that wages are being paid to the workers depending upon their qualification and experience. That apart petitioner conduct was taken into consideration he is not entitled to any relief. The Labour Court considered both on maintainability of application under Section 33C (2) of the Industrial Disputes Act as well as on merit as is evident from the order dated 14.02.2011.

(3.) The learned counsel for the petitioner submitted that petitioner is entitled to wages on par with the similarly placed drivers who were getting higher wages. The Labour Court has committed error in not appreciating the petitioner's claim with reference to wages as well as maintainability of application under Section 33C (2) of the Industrial Disputes Act. In support of petitioner's claim he relied on two decisions namely the Central Bank of India Ltd. vs. P.S.Rajagopalan Etc (19.04.1963, SCC) and the Hyderabad Karnataka Education Society and another vs. Subhashchandra in W.P.No.81344/2010 dated 01.08.2012 to contend that application under Section 33C (2) of the Industrial Disputes Act is maintainable for the purpose of claiming wages on par with similarly situated persons.