THE BHAGWANPUR COOPERATIVE AGRICULTURE Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By way of this writ petition, the petitioner i.e. The Bhagwanpur Cooperative Agricultural Service Society Ltd., Bhagwanpur, District Kapurthala (hereinafter referred to as, the Society) seeks issuance of writ of certiorari for quashing impugned Awards Annexures P-6 and P-7 of the Labour Court, Jalandhar whereby accepting application of the respondent No. 2 Baldev Singh salesman, (hereinafter referred to as the workman) made under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter mentioned as, the Act), payment of Rs. 28,130-49 Ps. was ordered to be made. Facts relevant for adjudication of this petition are, as under:

(2.) Challenging the Award (Annexure P-6 corrected vide order dated 28.2.1994 (Annexure P-7), claim of the Society is that the workman had already been paid arrears of salary amounting to Rs. 28,924.54 Ps. from the date of his termination to the date of his reinstatement, and nothing was due to him. It is canvassed that the workman even then had claimed difference of Rs. 22,254.45 Ps. alleging to have been appointed in regular grade of Rs. 400-600, from the date he was initially appointed. It is also claimed that when the workman had been appointed on fixed wages, he was not to be paid salary in regular pay scale and thus entire exercise of the Labour Court in passing the Award was mis-founded.

(3.) Stand of the workman, on the other hand, is that though he was being paid fixed salary but it was subject to revision of pay scale and he was entitled for arrears consequent upon said revision of pay scales and thus was rightly held entitled for payment of arrears vide the impugned Award.