U.P. STATE ROAD TRANSPORT CORPORATION THROUGH R.M., DEHRADUN Vs. PRESIDING OFFICER, LABOUR COURT, DEHRADUN AND OTHERS

JUDGEMENT

(1.) Heard Sri A.N. Sharma, learned Counsel for the petitioner and Sri M.C. Pant, learned Counsel for the respondent No. 2 to 35.

(2.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 3.9.2001 passed by the respondent No. 1 /Presiding Officer, Labour Court Dehradun in Misc. Case No. 336/2001 Raj Kumar Gupta and others Vs. Regional Manager U.P.S.R.T.C.. Dehradun declaring the award a nullity.

(3.) Brief facts giving rise to the present writ petition are that the respondent No. 2 preferred an application under section 33-C (2) of the Industrial Disputes Act (hereinafter to be referred as Act) on behalf of the certain persons whose name were given in the schedule attached with the application claiming the payment of arrears of the salary for the period January. 1996 to December. 1998 as per the recommendation of the 5th Pay Commission. Against the aforesaid application filed by the respondent No. 2. the petitioner filed written statement before the respondent No. 1. A preliminary objection was raised by the petitioner-corporation regarding the maintainability of the application claiming that the application and the schedule attached therewith were neither signed nor verified by the person on whose behalf of the application was presented and nor the said application was filed in the form and the rules prescribed for filing an application under section 33-C (2) of the Act.