PRESH CHAND GUPTA Vs. JOINT LABOUR COMMISSIONER

JUDGEMENT

(1.) THIS petition is directed against the order of Labour Court, Faridabad, dated October 22, 1986, Annexure P-2, passed under Section 33-C (2) of the Industrial Disputes Act, 1947.

(2.) PETITIONER P. C. Gupta, workman of the respondent management of Messrs. Bhartia Cutler Hammer Limited, Faridabad, was transferred from Faridabad to Bombay, vide order dated October 27, 1984. He failed to join there and when he was reminded on November 5, 1984, to proceed to Bombay, that was also ignored by him. Then he was charge-sheeted on January 4, 1985, to which he submitted his explanation. Shri B. R. Grover was appointed as the enquiry officer against him and despite repeated letters and reminders, Sri Gupta did not appear before him and he had to proceed ex parte against him and thus submitted his report, on February 25, 1985. On the basis of the report, Mr. Gupta was punished, vide order dated August 20, 1985, and was placed in a lower scale. Admittedly, he never challenged that order of his reversion. However, he filed a civil suit for a declaration and permanent injection challenging his transfer. The said civil suit was filed on July 1, 1985. In that suit, the ad interim order of injunction was declined by the trial Court and was maintained in appeal. Having failed to obtain the ad interim order of injunction, he got the suit dismissed as withdrawn on October 15, 1985. Copy of the order declining the ad interim injunction by the trial Court dated September 3, 1985, is Annexure P-1.

(3.) HAVING failed in the civil suit and getting the suit dismissed as withdrawn, he filed the present application under Section 33-C (2) of the Industrial Disputes Act for computing the money or benefit which he was entitled to receive from his employer-respondent. According to his claim, the wages for the period from January 1, 1984 to October 31, 1985, have not been paid to him. He also claimed bonus for the year 1984-85, utensils for Holi festival and leave travel allowance also for 1984-85. In this manner, the amount calculated by him comes to Rs. 15,930. This application was contested by the management. According to the reply filed, the workman was entitled to Rs. 650 as bonus, Rs. 35 towards utensils and Rs. 360 for LTA and in this manner a total sum of Rs. 1,048 was admitted. The other claim was denied. It was pointed out that the workman had filed a civil suit at Faridabad seeking injunction about his transfer order and his application for temporary injunction was dismissed by the trial Court on September 18, 1985, and then on October 15, 1985, he had withdrawn the suit and after that he had made the present application to harass the management. The said application was not maintainable and was also barred by the principles of res judicata. The Labour Court framed the