BHUJ MUNICIPALITY Vs. DAWOOD UMAR KUMBHAR

JUDGEMENT

(1.) As common questions of facts and law arise in all these four petitions, they are disposed of by this common judgment.

(2.) In all these four petitions preferred by the Bhuj Municipality through its Chief Officer, the challenge is to the orders passed by the Labour Court, Kutch at Bhuj in Recovery Application Nos.27/1997, 21/1997, 18/1997 and 28/1997 respectively filed by the respondent-workmen in all four respective petitions.

(3.) The issue involved in all these four petitions is common and is in a very compass. It is with regard to applicability of Section 33C(2) of the Industrial Disputes Act, 1947 (for short, 'the Act'). The respective workman preferred Recovery Application before the Labour Court praying for recovery of difference of pay between the post of Driver and Labourer as, according to them, they were appointed as Driver and were performing duties as Driver even though they were paid salary of Labourer. They, therefore, claimed difference of pay along with other benefits of the post of Driver from the date of their appointment with effect from 1st July 1986, 6th August 1995, 14th September 1985 and 1st February 1982, along with 18% interest per annum, till they are paid the pay of the post of Driver under Section 33C(2) of the Act.