BACHITTAR SINGH Vs. CENTRAL LABOUR COURT JULLUNDUR

JUDGEMENT

(1.) THIS is a writ petition under articles 226 and 227 of the constitution of India for the issuance of a writ of certiorari, quashing the order, dated 1-4-1967. Of respondent 1 (Central Labour court, Jullundur ).

(2.) THE petitioner was employees as a money-tester on 3-2-1955 in the amritsar branch of Respondent 2 (State bank of India, Amristar) (hereinafter referred to as 'the Bank' ). He worked as money-tester (as a temporary employee) for the following broken periods, and was paid by the Bank at the rate of Rs. 75/-per month: 1. From 3-2-1955 to 31-3-1955 57 days. 2. From 2-5-1955 to 30-6-1955 60 days. 3. from 1-8-1955 to 14-10-1955 75 days. 4. From 25-5-1956 to 31-10-1956 160 days. 5. From 26-11-1956 to 28-2-1957 101 days.

(3.) IT is alleged by the petitioner that in the matter of pay-scales and other conditions of service, the Bank employees are governed by the Sastry award as modified by the Labour Appellate Tribunal. Although in the letter of appointment issued to the petitioner, it was provided that he would be entitled to total emoluments of Rs. 75/- per month only, yet he was entitled to draw wages in accordance with the Sastry Award. The petitioner moved an application before respondent 1 under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') claiming his pay for the said period in accordance with the Sastry award, Respondent 1 (Central Labour Court jullundur ), by an order, dated 1st of April , 1967, rejected the claim of the petitioner. That order (Copy of which is Annexure 'a') of the Central Labour court is being impugned as illegal and without jurisdiction on the following grounds: