STATE OF PUNJAB Vs. SADHU SINGH

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India filed by the State of Punjab seeks issuance of a writ of Ceritorari quashing the order -Annexure P -1 passed by the Presiding Officer, Labour Court, Jalandhar (hereinafter referred to as "the Labour Court") on 24.7.1984 whereby the State ("the petitioner" herein) has been directed to compute the arrears of increments and other incidental benefits and to pay the amount due to the applicant -respondent No. 1.

(2.) BY orders dated 12.2.1967 and 25.5.1969, three increments of respondent No. 1 had been withheld by each order. Respondent No. 1 filed an application before the Labour Court under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). The Labour Court after examining the evidence, has concluded that it has been admitted by Sur -jan Singh -RW1 in the cross -examination that the increments of the applicant which were admissible to him, were not fixed for the period from 1968 to 1973. It has further been held that it is the responsibility of the respondent (petitioner herein) to fix the increments admissible to the workman which has not so far been fixed, The Labour Court further observed that there is no evidence to show that the increments due to the workman were withheld under some valid and legal orders. Thus, it is held that there is no justification available with the respondents to withhold the increments due to the applicant (respondent No. ! herein) for the period from 1.1.1968 to 1.1.1973. Hence the application has been allowed.

(3.) WHETHER or not a claim is to be entertained by the Labour Court is a matter of discretion to be exercised by the Labour Court. This view is also expressed in the two authorities cited by the learned counsel. In the present case, a perusal of the award shows that the plea with regard to delay and laches was not even raised before the Labour Court. Furthermore, it is the pleaded case of the petitioner that the Labour Court has failed to notice the submission to the effect that the payment of arrears of increments from 1968 upto date has been made to the applicant -respondent No. 1. The workman lias already retired from service on 31.10.1999. In my view, the writ petition is without merit. The award passed by the Labour Court cannot be said to be suffering from any error apparent on the face of the record. Consequently, the writ petition is dismissed. No costs.