SOHAN SINGH Vs. PRESIDING OFFICER AND ORS

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing order 11.8.2003, Annexure P/1, dismissing his application under Section 33C(2) of the Industrial Disputes Act, 1947 (in short the Act).

(2.) It is the case of the petitioner-workman that he was working as driver with respondent No. 2-management in their Sugar Mill. He approached the management claiming benefits in terms of money on the basis of recommendations/report of the Wage Board as applicable to the respondent-industry through an application under Section 33-C(2) of the Act. Upon notice of the said application, reply was filed by respondent No. 2. Both parties led their respective evidence. On appreciation of evidence so put forward, the learned Labour Court vide order dated 11.8.2003 dismissed the application of the petitioner-workman. Hence, the present writ petition.

(3.) On issuance of notice of the writ petition, written statement has been filed by the respondent-management. A preliminary objection has been raised therein that the writ petition deserves to be dismissed on the ground of delay and laches as against impugned order dated 11.8.2003 the petitioner has filed the present writ petition in January 2005, i.e. after a period of more than 1-1/2 years. On merits, it has been submitted that application under Section 33-C(2) of the Act was not maintainable as the basic liability was disputed since the petitioner wanted change of status from a fixed wage employee to a graded employee under the Central Wage Board.