JEET LAL Vs. LABOUR COURTV

JUDGEMENT

(1.) This writ petition was heard by this Court and after hearing learned Counsel for the parties, it was dismissed on 7th May, 2003 for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid petition.

(2.) Petitioner Jeet Lal, by means of present writ petition under Article 226 of the Constitution of India has challenged the order of the Labour Court-V, U,P., Kanpur dated 31st October, 1984, passed in Misc. Case No. 8 of 1984, whereby application purporting to an application under Section 33-C (2) of the Central Industrial Disputes Act, 1947, hereinafter shall be referred to as the 'Act', filed by the petitioner has been rejected by the Labour Court, copy whereof has been annexed as Annexure-'16' to the writ petition. The petitioner's case, as set up by him before the Labour Court as well as in the writ petition, is that he was working with the UP. State Agro Industrial Cooperation Limited, Ashok Nagar, Etawah, the employer, since 1975 as tractor operator, but he was being paid salary in the pay scale of Rs. 165-215, which is applicable to the salary of helper tractor operator. The petitioner-workman has further set up that he should be granted regular pay scale and also he had asked for the payment of Rs. 24,000/- according to his own calculation.

(3.) The Labour Court after hearing both the parties at length has held that the application filed by the petitioner under Section 33-C (2) of the aforesaid Act is not maintainable and therefore, rejected the same vide its order dated 31st October, 1984, thus, this writ petition. The Labour Court has framed the preliminary issue and decided the same against the petitioner relying upon the decisions reported in AIR 1974 SC 1604; AIR 1964 SC 743 and 1982 (44) FLR 117.