DIVIL SUPDT S C RAILWAY Vs. LABOUR COURT

JUDGEMENT

(1.) W.P. No. 3794/1981 This Writ Petition is filed by the Railway Authorities questioning the validity of an orderpassed by, the Labour Court, Guntur, on a petition filed, by the 2nd Respondent under Section 33-C (2) of the Industrial Disputes Act. The facts relevant may briefly be stated :

(2.) The 2nd Respondent approached the Labour Court claiming a total amount of Rs. 21,262-30 Ps. representing the dieffrence in wages, one month's notice pay, and compensation. Her case was that she was employed as a 'Khalasi' under the control of Permanent Way-Inspector, Bapatla, from 10-1-1985 continuously till 9-4-1977, and that she was paid only daily rates of wages though she acquired temporary status on completion of six months' continuous employment, i.e., on and with effect from 10-7-1965. She claimed that on her acquiring temporary status, she is entitled to monthly wages. The Railways disputed her claim. They submitted that the 2nd Respondent was not in continuous service for the said period ; that there were several breaks in service, and that, inasmuch as she has voluntarily stayed away from work, she is not entitled either to notice pay or retrenchment compensation. The Railways disputed her claim for difference of wages.

(3.) On a consideration of the material placed by the parties before it, the Labour Court upheld the 2nd Respondent's contention that she was continuously engaged during the said period. The Labour Court also held that the 2nd Respondent acquired temporary status on the expiry of six month's continuous employment. Accordingly, it allowed her claim for difference of pay, totalling to a sum of Rs. 8,781/-. This writ petition was filed by the Railways on 26-5-1981.