DIVISIONAL FOREST OFFICER Vs. MAGAN LAL

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the Labour Court, Kota on 4/01/1996 wherein he has determined wages to the extent of Rs. 19,030/- and directed the petitioner to pay this amount within a period of three months and in default of payment 12% interest has also been payable to the respondent- workman-No. 1. This order was passed by the Labour Court on the premise that a compromise has been entered into between the petitioner-Divisional Forest Officer and respondent-workman No. 1-Magan Lal on the basis of which the respondent was ordered to be reinstated in service from 1/06/1988. The respondent-workman had alleged that as he was not reinstated either on that date or thereafter, wages were payable to him at the rate of Rs. 572/- per month from 1/11/1990 to 7/07/1992 which comes to Rs. 19,030/-, since he had continued to attend duties during this period.

(2.) The petitioner-Divisional Forest Officer had denied the existence of any compromise between the workman and the petitioner and submitted that he had voluntarily left his duties as a result of which he ceased to be in service of the petitioner-Divisional Forest Officer and hence no wages were liable to be paid to him.

(3.) Learned counsel for the petitioner Mr. O.P. Gandhi assailing the aforesaid order, has submitted that once it was detected that a dispute was existing between the petitioner and the respondent-workman before the Labour Court, it was not open to the Labour Court to adjudicate upon that dispute by passing a summary order for payment of the wages. According to his submission the Labour Court under Section 33-C(2) had exceeded its jurisdiction in passing the order for payment of the wages claimed by the respondent workman.