KAUTAMANA Vs. GENERAL MANAGER, SOUTH EASTERN RAILWAY, CALCUTTA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution arises out of the order dated 22-9-1976 passed by the Presiding Officer, Central Government Labour Court at Nagpur rejecting on preliminary ground the application filed by petitioner Govinda Anantha Padmanabhan, since deceased, under Section 33-C (2), Industrial Disputes Act.

(2.) Gqvinda Padmanabhan retired from railway service on 15-6-1972 while he was serving as Station Master at Chanda Fort, Station. Admittedly on his retirement he was entitled to receive special contribution to his provident fund amounting to Rs. 5970/-. However, only Rs. 3371.76 were paid to him on his retirement and the balance amount of Rupees 2598.24 was adjusted against Government dues of overpayment of pay and allowances, outstanding catering dues, stores debits, house rent as certified by accounts, water charges, electrical current charges and commercial debits. This payment was made on 28-2-1975.

(3.) Shri Padmanabhan, therefore filed an application under Section 33-C (2) before the Central Government Labour Court, Nagpur, on 27-3-1976 for getting the balance amount of special contribution, namely, Rs. 2598.24 with interest at the rate of 8%. The learned, Presiding Officer held that Shri Padmanabhan had no existing title to receive the amount claimed and hence the Labour Court had no jurisdiction under Section 33-C (a) to consider and decide the legality and validity of the order passed by the competent authority making deductions. Consequently the Presiding Officer dismissed the application and it is this order which is sought to be quashed.