VICE CHANCELLOR Vs. DAL CHAND

JUDGEMENT

(1.) The present writ petition, at the instance of the Vice Chancellor, University of Delhi, assails an order dated 23rd Aug., 2003, passed by the Presiding Officer Labour Court III, Karkardooma (hereinafter referred to as the Labour Court"), on an application filed by the respondent-workman Dal Chand purportedly under Sec. 33 C (2) of the Industrial Disputes Act, 1947 ( hereinafter referred to as "the Act")

(2.) A perusal of the said application, filed by the respondent-workman indicates that it is in the nature of an original proceeding, whereby and where under the workman had sought to contend that, while he was employed as a laboratory assistant on permanent basis in the Department of Anthropology, University of Delhi, he was assigned additional charge/duty to look after the laboratory and had, on this ground, asserted that he was entitled to additional payment therefor discharging the said duty. He relied, for the said purpose, on Rule 31 of the University Non-Teaching Employees, Terms and Conditions of Service Rules, 1971, which stipulated that an employee, placed in charge of the current duties of a higher post would receive payment equivalent to one-tenth of the minimum of the scale of pay applicable to the higher post.

(3.) On this basis, the application of the respondent-workman prayed for issuance of a direction, to the petitioner/management of the university to pay, to him, the amount legally due "as per the statutory provisions mentioned above for holding charge of the laboratory under the respondent" Interest and costs were also claimed.