LAWS(KER)-1991-1-22

DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY Vs. P RAMACHANDRAN

Decided On January 09, 1991
DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY Appellant
V/S
P.RAMACHANDRAN Respondents

JUDGEMENT

(1.) PETITIONER is challenging an order of the Labour Court, Kozhikode. Copy of the order is Ext.-P8. The order was passed in a proceeding under Section 33-C (2) of the Industrial Disputes Act (hereinafter referred to as 'the Act' ).

(2.) THE 1st respondent in this Original Petition claimed that he is entitled to get arrears of salary for a period from 23. 7. 1973 to 22. 7. 1984. The 1st respondent was a casual labourer in the Railways from 23. 7. 1973. According to the 1st respondent, he was doing the work of a road roller driver and since he was doing the work of a road roller driver, he is entitled to a scale of pay of Rs. 260-400. But in fact, he was given a scale of pay of Rs. 196-232. Based on this difference in the scale of pay, 1st respondent calculated the arrears or emoluments due to him and made a claim under Section 33-C (2) of the Act. The Labour Court held that the petitioner (1st respondent herein) is entitled to arrears of emoluments and passed an order in his favour and against the respondents in the petition for realisation of an amount of Rs. 15,060. 20. This order, Ext.-P. 8, is challenged in this Original Petition.

(3.) PETITIONER is one of the respondents in the petition before the Labour Court. viz. , Divisional Personnel Officer, Southern Railway, Palghat He challenges Ext.-P. 8 award on the ground that the Labour Court had exceeded and overstepped its jurisdiction. I feel that it is appropriate to refer Section 33-C (2) of the Act.