SUKHDEV Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II, CHANDIGARH, AND ANOTHER

JUDGEMENT

(1.) In the present writ petition, the challenge is to the award dated 15.10.2007 (Annexure-P-4), passed by the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh, vide which the reference made by the workman has been rejected on the merits as well as on the ground of delay.

(2.) Counsel for the petitioner contends that the petitioner-workman was senior to Raj Bala and Ram Kumar in service with the respondentmanagement. He contends that both of the juniors have been given initially 3/4th pay scale and thereafter full scale was granted to Ram Kumar without considering the claim of the workman. He further contends that this would amount to discrimination as the workman has been deprived of his right to the claim and therefore, the reference should have been answered in favour of the workman. He further contends that assuming there is a delay in making the demand by the workman as has been held by the Labour Court vide its impugned award, still the same could have been taken into consideration for not granting him the back wages but his right could not have been curtailed only on the ground of delay. He further contends that the Labour Court has relied upon one document Mark 'A' Circular No. 772, dated 17.05.1984 which has not been proved on record to give a finding on merit against the workman.

(3.) I have heard counsel for the petitioner and have gone through the records of the case as well as the impugned award.