JAI NARAYAN KAUSHIK Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present Petition has been filed under Article 226 /227 of the Constitution of India praying for quashing of the order dated 13.9.2011 (Annexure P-7) passed by the Labour Court, U.T. Chandigarh, dismissing the Application filed by the Petitioners under Section 33-C(2) of the Industrial Disputes Act, 1947, in which a claim was made for payment of arrears of revised pay scales. The background facts are that the Haryana Confed Employees' Welfare Union, Chandigarh served a Charter of Demands on the Respondent-Management on 9.2.1998 raising 26 demands, two of which sought grant of regular pay scales to Salesmen/Helpers on the doctrine of equal pay for equal work and for implementation of the Fourth Pay Commission Report w.e.f. 1.1.1986 inter alia re: Demands 2 & 3. The extract of the findings returned by the Labour Court in its award on those relevant demands for the purposes of decision on the present Petition are as follows:

(2.) The award was announced on 4.9.1992. Aggrieved by the award, the Management filed CWP No. 536 of 1993 which was decided by the learned Single Judge of this Court by order dated 30.5.1996. This Court held as follows:

(3.) While modifying the award of the Labour Court it was directed that the revised pay scales would be granted from 1.12.1989 instead of as awarded by the Labour Court. The unsuccessful Management aggrieved by the order of the learned Single Judge preferred an intra-Court Appeal bearing LPA No. 756 of 1996 which was dismissed on 22.11.2004. The Appellate Bench held in the operative part of the judgment and order as follows: