OM BUILDERS & MINERS RAISING CONTRACTORS, ISPAT LIME STONE QUARRY, SATNA Vs. S.C. AGRAWAL, PRESIDING OFFICER, CENTRAL GOVERNMENT LABOUR COURT-CUM-INDUSTRIAL TRIBUNAL, JABALPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution from an order of the Labour Court -cum -Industrial Tribunal, jabalpur, under section 33 -C (2) of the Industrial Disputes Act.

(2.) IN conciliation proceedings there was a settlement between the parties on December 15, 1966. It was agreed that the petitioner M/s Om Builders and Miners would pay 50 paise per day or Rs. 13 per month to all whether piece rated, daily rated or monthly rated, by way of monthly wage relief as recommended by the Wage Board. This payment was to be made from April 1, 1966. It was further agreed that minimum bonus under section 10 of the Payment of Bonus Act and other dues would be paid before December 30, 1966. Besides this it was specifically agreed that all such payments would be made in the presence of L.E.O. (Central) and the Labour Welfare Officer, opposite party No.2.

(3.) THE petitioner is aggrieved by the order, of the Tribunal. Learned counsel for the petitioner first contended that a joint application could not be made on behalf of all the workmen particularly when the person who had signed the application was not one of the workmen who were to be paid. This objection was not raised before the Tribunal. It is a technical objection pertaining to mere form. Where a technical objection pertains to form, and does not go to the root of the matter nor relates to something which causes substantial injustice or prejudice, it cannot be allowed to be raised for the first time in a writ petition if it was not raised before the Tribunal.