KARUNAKARAN Vs. GRASSIM INDUSTRIES LTD

JUDGEMENT

(1.) This writ petition has been filed seeking to quash Ext. P1 order of the Labour Court, Kozhikode in CP No. 16/89 dated 13.3.1990. 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 S.33C(T) 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 13.7.1985 to 31.10.1988. His case is that there was an agreement between the management of the Gwalior Rayons Staff Association on 13.7.1985 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.) S.33C(2) of the Act is ectyped hereunder for elucidating the points at issue:

(3.) The Supreme Court in Central Inland Water Transport Corporation Ltd. v. Workmen ( AIR 1974 SC 1604 ) has considered the nature of the proceeding under S.33C(2) of the Act. It said: