GARHWAL JAL SANSTHAN Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) Heard Shri Rakesh Thapliyal, the learned Counsel for the petitioner and Shri B.M. Pingal, the learned Counsel for the workman.

(2.) The petitioner is aggrieved by the order of the Labour Court allowing the application of the workman Under Section 33C(2) of the Industrial Disputes Act, 1947.

(3.) The facts leading to the filing of the writ petition is, that the workman was initially appointed on a consolidated pay of Rs. 180/- per month as a Junior Fitter on work charge basis in the year 1978. He worked continuously for three years and, consequently, the employer appointed the workman in a regular capacity on the post of Beldar in the pay scale of Rs. 165-215. It is alleged that the employer continued to take the work of a Junior Fitter which post was in a higher pay scale and, consequently, the workman approached the writ court of the Allahabad High Court praying that he should be regularized on the post of Junior Fitter. The said writ petition was disposed of with a direction to the authority concerned to decide the representation of the workman. It is alleged that the representation was rejected by the employer on 21/09/1994 and, the workman being aggrieved, filed an application under Section 33C(2) for the computation of the benefit which had been denied to him.