BALDEV SINGH Vs. GENERAL MANAGER AND ORS

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge allowing the writ petition of the management against order of the Labour Court. The Labour Court allowed application of the appellant under Section 33-C (2) of the Industrial Disputes Act, 1947 upholding the claim for arrears of increments.

(2.) The appellant was employed as conductor in Punjab Roadways and was charge sheeted for misconduct. After due enquiry, punishment of stoppage of increments was imposed. The said order was never challenged by the workman but application was moved under under 33-C(2) of the Act before the Labour Court. The same was contested, inter-alia, on the ground of maintainability. The Labour Court, however, upheld the claim of the workman and directed payment of arrears of increments ignoring order of punishment. The management challenged the order of the Labour Court, inter-alia, on the ground that scope of Section 33-C(2) of the Act was limited to execution of an existing right and not adjudication of a disputed claim. It was further submitted that punishment of stoppage of increments having been imposed which was never challenged, claim for arrears was not made out.

(3.) Learned Single Judge accepted the stand of the management relying upon the judgments of Hon'ble the Supreme Court in Central Bank of India Vs. Raja Gopalan, 1964 AIR(SC) 743 and Central Inland Water Transport Corporation Ltd. Vs. The Workman, 1974 AIR(SC) 1604.