DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY Vs. KAMALAM

JUDGEMENT

(1.) The Railway Administration is challenging Ext. P7 order passed by the third respondent. Labour Court. Kozhikode. According to the petitioner, the Labour Court bad acted beyond its jurisdiction in going into the question as to whether respondents 1 and 2 who were petitioners before it bad the right to the relief claimed and whether the Railway Administration was liable to pay the amounts claimed against them. By Ext P7, it is argued that the Labour Court adjudicated on the above stated questions and thereafter directed the Railways to pay the amounts mentioned therein to respondents 1 and 2. This was beyond the jurisdiction of the Labour Court and hence liable to be quashed.

(2.) Though notice was served on the respondents, none entered appearance to contest the claim.

(3.) Respondents 1 and 2 filed the original of Ext. P3 application before the third respondent under S.33C(2) of the Industrial Disputes Act. 1947. Their contention was that they were working from 15-3-1980 to 14-6-1980, from 15-3-1981 to 14-6-1981, from 15-3-1982 to 14-6-1982, from 15-3-1983 to 14-6-1983, from 15-3-1984 to 14-6-1964 and from 15-3-1985 to 14-6-1985 as seasonal water carriers. They claimed temporary status from 12-4-1981 onwards. According to them, they were paid daily wages at Rs. 5.25, 7.40, 10.60, 11.40 and 14.10 respectively for the above mentioned periods. Therefore they claimed that they must be treated as in the grade of Rs. 196-232 and that the difference be paid. On that basis each petitioner before the Labour Court claimed a sum of Rs. 2797.24.