SARPANCH NAGAR PANCHAYAT BANTWA Vs. KISHANCHAND N

JUDGEMENT

(1.) Challenge is made by the petitioner, Sarpanch, Nagar Panchayat, Bantwa Dist. Junagadh, to the order of the Labour Court, Junagadh passed in Recovery Applications No. 91/91 to 94/91 on 9.9.1993.

(2.) The respondents herein, filed applications under Sec. 33(C)(2) of the Industrial Disputes Act, 1947 before the Labour Court, Junagadh, and prayer had been made for computation of the difference of salary payable to them between 1.1.1986 and 31.3.1991. The claim of the respondents in those applications were that though the revision of the pay scales have been made by the Government under the Gujarat Public Service Salary Revision Rules, 1987, effective from 1.1.1986, but they were not given the benefit of the revised pay scale. The respondents filed three separate applications, but the petitioner has filed only one Special Civil Application. I do not consider it appropriate to dismiss this Special Civil Application on this ground. The claim made by the respondents found favour with the Labour Court, and hence, this Special Civil Application.

(3.) The counsel for the petitioner contended that under Sec. 33(C)(2) of the Industrial Disputes Act, 1947, the Labour Court could not have gone into the question of entitlement of the respondents for the revised pay scale. The jurisdiction of the Labour Court under Sec. 33(C)(2) of the Act, 1947, is in the nature of Executing Court. Only where there are pre-existing rights of the workmen then only the revocery applications could have been filed.