PRAFULLA SARANGI Vs. PRESIDING OFFICER LABOUR

JUDGEMENT

(1.) THIS Writ Application is directed against the order dated 28.4.1999 passed by the Presiding Officer, Labour Court, Jeypore rejecting an application under Section 33 -C(2) of the Industrial Disputes Act in I. D. Misc. Case No. 18 of 1997.

(2.) CASE of the petitioner is that he was a Crawler Tractor Operator in the scale of Highly skilled -B category. While continuing as such he made a request in the year 1974 for transfer to Berhampur and on his request he was transferred and posted at Berhampur as a Driver -B. However, the said post of Driver -B carries less scale of pay than what the petitioner was getting as Crawler Tractor Operator. The petitioner thereafter made a representation for protection of his scale of pay and the same was rejected and after retirement from service he filed an application under Section 33 -C(2) of the Industrial Disputes Act, 1947 before the Presiding Officer, Labour Court, Jeypore and the Labour Court rejected the petition on the ground that in the transfer order scale of pay was mentioned and unless transfer order is held to be illegal under a Reference made to the Industrial Tribunal, an application under Section 33 -C(2) of the Industrial Disputes Act cannot be considered for the purpose of enhancement of scale of pay and payment thereon.

(3.) HAVING heard learned Counsel for the parties, I think it necessary to refer the letter dated 8.4.1974 of the petitioner requesting for transfer. The entire letter is quoted below :