VINOD KUMAR CHATURVEDI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard Sri S.N. Dubey, learned counsel for petitioner and perused the record.

(2.) Writ petition is directed against the order dated 17.7.1997 passed by Labour Court rejecting petitioner's application moved under Section 33-C (2) of Industrial Disputes Act, 1947 (hereinafter referred to as "Central Act, 1947") claiming extra wages on the ground that he has discharged extra duties. The Labour Court has observed that matter includes certain issues which require investigation into disputed questions of fact and that adjudication is not permissible on an application under Section 33-C (2) of Central Act, 1947 but it should be adjudicated in a regular manner by raising industrial dispute under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "U.P. Act, 1947") or Section 10 (1) (c) of Central Act, 1947.

(3.) It is not the case of petitioner that the various factual issues were already admitted by the employer or adjudicated by competent authority/Court. He, therefore, could not show any existing right to claim extra wages and the claim which he raised included certain issues required to be adjudicated which could have been done only on a reference made under Section Section 4-K of U.P. Act, 1947 or Section 10 (1) (c) of Central Act, 1947.