RAM BACHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A short point involved for a decision in this application is whether on the facts of the case Section 33-A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') is attracted which confers jurisdiction on a Labour Court or Tribunal to adjudicate and grant consequential relief of re-instatement/payment of compensation like a back wages or such other benefits during the pungency of the proceeding referred to under Section 10 of the Act.

(2.) Facts giving rise to this application are as follows :

(3.) The petitioner disputed the correctness of the entry recorded in the service-book with regard to his date of birth, and according to him, he did not reach the age of superannuation on 2nd November, 1973. His claim was that his date of birth being 2nd January, 1920, he would retire on 2nd January, 1980 and that the notice intimating of his retirement was quite unjust. The petitioner individually and also collectively through 'Karamchari Sangh' raised his grievance and the Conciliation machinery of the Government of Bihar having failed to resolve dispute made a reference under Section 10 of the Act to the Labour Court under Notification No. III/D1-16026/73 L & E 3564, dated 23rd October, 1973 for adjudication which was registered as Reference case No. 16 of 1973. Incidentally it may also be noted that all the workmen including the petitioner made representation for revision of their wages and this was also referred to the Industrial Tribunal to examine if the wage-structure of the workman be revised, being Reference case No. 60 of 1969. The petitioner has pleaded that this second reference was a co-ordinate issue with the earlier one relating to his service conditions, although correctly speaking, we are not concerned with the Reference case No. 60 of 1969 for deciding the issue, raised in this application.