STATE OF RAJASTHAN Vs. SHIV LAL

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution of India, petitioners have prayed for quashing of the Award dated December 14, 1984 (Annexure -2) given by the Labour Court, Jodhpur in favour of non petitioner Shivlal.

(2.) NON -petitioner Shivlal had filed a claim petition under Section 33C(2) of the Industrial Disputes Act (for short 'the Act') before the Labour Court, Jodhpur for Rs. 26040/ - said to be due towards his salary for the post of Civil Mistry. Before the Labour Court the case of the non -petitioner was that he was appointed as Civil Mistry from February 1, 1967 and allowed to continue as such upto October 20, 1967 but thereafter, he was asked to work on a junior post and was paid lesser salary. According to him his reversion and payment of salary less than what he was entitled to was illegal. The initial claim of Rs. 26040/ - was subsequently revised as Rs. 21094/ -

(3.) P .K. Lohra entered Caveat on behalf of non -petitioner Shivlal. He has filed a preliminary objection about the maintainability of the writ petition on the ground of delay of more than one and half year, after the passing of the Award.