BISHNU CH OJHA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE present writ petition has been filed by ten workmen being aggrieved by dismissal of their application under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short, "the Act") by the Presiding Officer, Labour Court, Bhubaneswar, in Industrial Dispute Case No. 8/1987 (Central ). All the petitioners were contract labourers since January 1, 1975 under opposite parties 3 and 4, who were supplying labourers to the Paradip Port Trust (for short 'the Port Trust"), and they continued as such till they were employed as C. L. R. on and from November 1, 1980. Before the Labour Court, the petitioners had prayed for equal pay for equal work payable to N. M. R. /c. L. R. workmen under the Port Trust. The application under Section 33-C (2) filed before the Labour Court is at An-nexure-6. The grounds, as mentioned in the Statement of the Case (Annexure-A), are quoted below :

(2.) THE Labour Court held, inter alia, that in the absence of any award, the claim of the applicants is not capable of computation and their right to hold the post has not yet been adjudicated under Section 10 (1) of the Act. It was further held that for the back period, the claim is not capable of computation. The Labour Court recorded that "similarly I. D. Case No. 2/1990 is pending at present". Ultimately, it held that the existing right of the applicant is not clear for the period in question and this Court having the limited jurisdiction cannot go to the root of the matter to find out the eligibility of the applicants.

(3.) IN the present writ petition, the petitioners have prayed that the award of the Labour Court be quashed and a direction be issued to the Manager of the Port Trust to give effect to the recommendations of the various Wage Revision Committees granting differential wages on he principle of "equal pay for equal work". A prayer has also been made to regularise the petitioners, who have been employed directly with effect from November 1, 1980 and to grant such other relief as this Court may deem proper.