BECHU LAL Vs. LABOUR COURT

JUDGEMENT

(1.) The question that arises for consideration in the present petition filed under Article 226 of the Constitution of India is as to whether application moved by the petitioner under Section 33-C(2) of the Industrial Disputes Act, 1947 is maintainable or not.

(2.) The facts giving rise to the petition are as follows: The petitioner was an employee in Government Press, Allahabad. He was appointed on the post of Sweeper in Printing and Stationery, Allahabad on 19.12,1948. He was compulsorily retired from service on 4.9.1975 in public interest on the recommendation of the Screening Committee constituted on 13.8.1975 after considering his entries of the character roll. By an order dated 22.11.1978 the petitioner was re-employed in service with the condition that he will not be entitled for the wages from the date he was compulsorily retired till the date of re-employment but he will continue to work till the date of superannuation. The petitioner was retired from service on 30.11.1980. Just before retirement of the petitioner, the petitioner made an application under Section 33-C(2) of the Industrial Disputes Act before the Labour Court, Allahabad claiming a sum of Rs. 12,615.70 p. as wages for the period from 4.9.1975 to November, 1978 which was denied to him in the order dated 22.11.1978 by which he was re-appointed. The Labour Court, Allahabad by its order dated 16.3.1981 dismissed the application. It is this order dated 16.3.1981 which has been challenged in the present writ petition.

(3.) Learned counsel for the petitioner has contended that the Labour Court has acted illegally in exercise of his jurisdiction in rejecting the application under Section 33-C(2) of the Act. His contention is that the application under Section 33-C(2) of the Act was maintainable and the Labour Court should have, directed the payment of salary to him which he had claimed.