MCD GENERAL MAZDOOR UNION Vs. MCD

JUDGEMENT

(1.) BY way of present petition, the petitioner has assailed order dated 05.08.2008 passed by learned Presiding Officer, Labour CourtXVI, Karkardooma Courts in LCA No.139/06.

(2.) IN a nutshell the facts giving rise to the present petition are that the workmen filed LCA No.139/06 for computing the benefits of liveries (uniform and stitching charges) under Section 33C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'ID Act'). Vide impugned order dated 05.08.2008 while deciding Issue No.1 i.e. whether petition is maintainable or not, learned trial Court came to the conclusion that there was no prior adjudication or settlement or service condition on the basis of which workmen could be held entitled for uniform/liveries, washing allowance and stitching charges. It was further observed that it cannot be decided under Section 33C (2) of the ID Act as to whether workmen are entitled or not for uniform/liveries, washing allowance and stitching charges. The petition was dismissed as not maintainable.

(3.) AGGRIEVED by the said order dated 05.08.2008, the petitioner has filed the present petition.