GUJARAT AMBUJA CEMENT LTD Vs. C VARGHESE

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) THE petitioners are challenging the judgment and order dated 31-7-2000, passed by the Industrial Court, Mumbai, allowing the complaint filed by the respondent and directing the petitioners to pay wages to the respondent for the month of December, 1991 till May, 1992, and further to pay arrears of increment, H. R. A. , L. T. A. , medical reimbursement, conveyance allowance, as laid down in para 37 of its judgment i. e. , considering the increment of Rs. 150/instead of Rs. 400/- per year as claimed by the respondent.

(3.) THE impugned order is sought to be challenged on the ground that the increment is ordered to be paid based on the principle of equal pay for equal work even though it is not permissible for the Industrial Court to deal with such an issue under a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter called as "the said Act". Secondly, that the respondent who was appointed on a consolidated salary could on have been equated with the employees who were regularly recruited and having ignored the same while ordering the payment of increment, the Industrial Court has acted illegally in exercise of its jurisdiction. Thirdly, according to the petitioners, the Industrial Court has failed to consider that there is no right for increment in salary to the employee and it was purely at the discretion of the employer that the increment was granted. Fourthly, the impugned order is challenged on the ground that the proceedings initiated were barred by the law of limitation, however, the Industrial Court did not apply its mind to the said issue properly and rejected the same in contravention of the provision of law. Reliance is sought to be placed in the decision of the learned Single Judge of this Court in the matter of (Mazgaon Dock Limited v. Engineering Workers' Union), reported in 2002 (III) C. L. R. 61, and of the Apex Court in the matter of (Utkal University and another v. Jyotirmayee Nayak and others), reported in 2003 (4) S. C. C. 760.