KARUNAKARAN, M. Vs. GRASSIM INDUSTRIES LTD. AND ANR.

JUDGEMENT

(1.) THIS writ petition has been filed seeking to quash Ext. P -1 order of the Labour Court, Kozhikode in C.P. No. 16/19 dated 13th March 1990. The Petitioner is a Compounder attached to the field hospital of M/s Grassim Industries Limited, Mavoor. The first Respondent is the Personnel Manager of the said company. The Petitioner filed the above petition under Section 33C(2) of the Industrial Disputes Act, 1947 (for 'short the Act') claiming the arrears of salary of Rs. 67,171.75 in respect of the period from 13th July 1985 to 31st October 1988. His case is that there was an agreement between the management of the Gwalior Rayons Staff Association on 13th July 1985 by which the management had agreed to pay the salary of the entire members of the staff who are not directly involved in the strike. Though he is entitled to receive the aforesaid salary, it was not disbursed to him inspite of repeated requests. That was the background for approaching this Court by the Petitioner with this writ petition.

(2.) SECTION 33C(2) of the Act is ectype hereunder for elucidating the points at issue:

(3.) IN view of the above legal premise, the Labour Court is not authorised to decide the question of entitlement of the Petitioner for the arrears of salary claimed in respect of the period from 13th July 1985 to 31st October 1988. Before approaching the Labour Court under Section 33C(2) of the Act, there must be an adjudication or decision by a competent authority on the question of entitlement for the arrears of salary claimed by the Petitioner. In the present proceeding the question canvassed by the Petitioner cannot be entertained since the Labour Court has no jurisdiction to decide such question under Section 33C(2) of the Act.