(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 31st December 2003 passed by the Labour Court, Junagadh in Reference (LCJ) No.167 of 1994, whereby the Labour Court has allowed the Reference of the respondent-workmen and directed the petitioner herein to pay an amount of Rs.72,900/-, Rs.70,000/- and Rs.69,600/- respectively to the respondents.
(2.) It is the case of the petitioner that the respondents were engaged by the petitioner No.2 herein. The respondents herein had filed an application under Section 33(C)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') before the Labour Court, Junagadh bearing Recovery Application No.167 of 1994 for recovery of dues of difference of pay between unskilled labourer and clerk till the year 1991, which ultimately came to be allowed by the Labour Court. Hence, present petition.
(3.) Ms.C.M. Shah, learned advocate for the petitioner, has submitted that the judgment and award passed by the Labour Court is unjust and improper. It is submitted that it was highly doubtful as to whether the respondents had worked as clerk and the same was required to be determined after recording evidence. It is submitted that since there was no crystallized right in favour of the respondents herein, the Recovery Application ought to have been rejected. It is submitted that the respondents were already paid the benefits admissible to them under the Government Resolution dated 17th October 1988. Thus, the judgment and award passed by the Labour Court is required to be quashed and set aside.