BALJINDER SINGH Vs. LABOUR COURT, BHATINDA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed challenging the award dated 25.4.1995 (Annexure P-2) whereby the claim of the petitioner for recovery of Rs. 48,000/- by filing application under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter called as "the Act") was declined. The said amount was claimed as arrears of wages from 1.1.1986 to 31.5.1992 on the ground that the petitioner was entitled for the first time bound promotional scale after counting of his adhoc service.

(2.) The pleaded case of the petitioner is that he joined on 22.9.1976 in pursuance of appointment letter dated 14.9.1976 and he was entitled to basic pay of Rs. 1640/- with effect from 1.1.1986 instead of Rs. 1200/- which he was being paid. Therefore, he was entitled for a sum of Rs. 48,000/- on account of difference in wages with effect from 1.1.1986 to 31.5.1992.

(3.) The respondents, on the other hand, had taken defence that the petitioner had joined service on regular basis with effect from 11.5.1982 and, therefore, he was entitled to claim first time bound promotional scale with effect from 11.5.1991 and not with effect from 1.1.1986 as claimed by him. The plea was that the only regular service is to be counted for claiming benefit at the time of promotional scale and not the adhoc/temporary service. The application under Section 33C(2) of the Act was also resisted on the ground that the petitioner did not have any existing right to claim the amount in dispute. In the written statement filed by the Board, it was pleaded that the respondent Board had also issued a circular No.197 dated 23.4.1990 wherein the employees having 9/16 year regular satisfactory service were allowed promotional scale. Reliance upon circular No.36/87 was also distinguished pleading that it was for the purpose of promotion and direct recruitment.