KAILASH SHARMA Vs. MUKHYA MAHAPRABANDHAK

JUDGEMENT

(1.) This petition is filed being aggrieved of the order dtd. 20/04/2017 passed by the Labour Court No.2, Bhopal in Case No.08/2014 ID Ref. whereby learned Labour Court rejected the reference made by the appropriate Government to the effect as to whether delay in payment of benefit of increments and revised pay scale will entitle the workmen to the amount of interest or not.

(2.) Shri Arvind Shrivastava, learned counsel for the petitioners, submits that definition of Industrial Dispute is given in Sec. 2 (k) of the Industrial Disputes Act, 1947. 'Industrial dispute' means any dispute or difference between employees and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person. Thus, it is submitted that since the matter originates from non-payment of increments and revision of pay scale in time, it will be an industrial dispute, therefore, Labour Court wrongly adverted to the aspect of not having jurisdiction.

(3.) Shri Anoop Nair, learned counsel for the respondents, submits that Second Schedule deals with the matters within jurisdiction of Labour Court. It is submitted that as per Second Schedule, under Sec. 7, matters which can be adjudicated by the Labour Court will not cover the dispute in regard to payment of interest on delayed disbursal of amount of increments and pay fixation.