SAPTASHRUNG NIWASINI DEVI TRUST Vs. NANDKUMAR MOTIRAM

JUDGEMENT

(1.) Rule, by consent of the learned Counsel made returnable forthwith. Counsel appearing for the Respondent waives service. With the consent of the learned Counsel and at their request, the matter is taken up for hearing and final disposal.

(2.) The Petitioner before the Court is a Cooperative Society registered under the Maharashtra Co-operative Societies Act, 1960. The First Respondent is in the employment of the Petitioner and holds the post of Secretary since 7th June, 1995. The First Respondent instituted proceedings under section 33-C(2) of the Industrial Disputes Act, 1947 claiming the benefit of a difference in wages between September 1999 and June 2005 on the basis that he was entitled to the benefit of the recommendations of the 5th Pay Commission. The Labour Court allowed the application and directed the Petitioner to pay a sum of Rs. 1,57,175/- before 31st October, 2008 failing which the amount was to carry interest at the rate of 6% per annum. 2-A. Counsel appearing for the Petitioner submitted that in allowing the claim of the First Respondent which admittedly was founded on an assertion that the First Respondent was entitled to the benefit of the 5th Pay Commission recommendations - an assertion which was disputed by the Petitioner - the Labour Court has acted in excess of its jurisdiction under section 33-C(2). It was urged that section 33-C(2) is in the nature of an execution proceeding where all that remains is a quantification on the basis of an established right whereas in the present case the entitlement of the First Respondent was in dispute, and the Labour Court could not have adjudicated thereon in proceedings under section 33-C(2).

(3.) On the other hand, it was urged on behalf of the First Respondent that the entitlement of the First Respondent stands concluded in terms of an order passed by the Industrial Court in a judgment dated 9th September, 2004 passed in Complaint (ULP) 17 of 2004. Hence, it was urged that all that has been done by the Labour Court in proceedings under section 33-C(2) is to quantify the amounts due and payable to the First Respondent in terms of an entitlement that flows out of the previous judgment dated 9th September, 2004 in a complaint of unfair labour practices.