THE ANJTMNAN Vs. ASHRAF ALI CHOUDHARY & ORS.

JUDGEMENT

(1.) The first respondent was appointed as an Accounts Clerk by the petitioner on 2nd Jan., 1965 in the grade of Rs. 75-5-140-6-200. He filed an application under Sec. 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") on 9th Jan., 1980 in the labour Court at Bombay presided over by the second respondent for computation of his salary, including allowances, as per the Bhole Commission's report, claiming Rs. 7,096.70 as per his calculation as on that day. At that point of time he was performing the duties as a Cashier-cum-Accountant. The application was resisted by the petitioner-employer on various ground but mainly on the ground that the first respondent was not entitled to the salary as per the Bhole Commission's Report. The second respondent by his order dated 21st Sept. 1983 allowed the said application hearing No.Application (IDA) No. 137 of 1980. The operative is as under :

(2.) On the submission made before me, the only point that arises for my consideration is whether the first respondent was entitled to the salary scale as per the report of Bhole Commission. My answer is in the affirmative for the following reasons.

(3.) Mr. Ramaswami. Darned Advocate appearing on behalf' of the petitioner, submits that the service conditions of the first respondent were governed by the various resolutions passed by the Finance Committee of the petitioner from time to time and the said Finance Committee has Need no resolution that the Bhole Commission Report is applicable to the case of the first respondent and, therefore, he was not entitled to such salary scale. In other words, the submission of Mr. Ramaswami is that there was no existing right in favour of the first respondent as to the salary scales as per the report of the Bhole Commission and hence an application under Sec. 33-C(2) of the Act was not maintainable in the Labour Court. I am not able to persuade myself to agree with the submissions of Mr. Ramaswami for the following reasons.