Union of India vs Amar Singh

Dalveer Bhandari, J.

(1) In these writ petitions, the Union of India has challenged the orders passed by the Presiding Officers, Labour Courts awarding the workmen the difference of pay w.e.f. date they acquired temporary status till they were paid regular pay scale.

(2) The workmen in these writ petitions had filed applications u/s 33-C(2) of the Industrial Disputes Act before the Labour Courts claiming difference of wages from the date they acquired temporary status till they were appointed on regular pay scale.

(3) The petitioners herein contested the claims of the workmen and filed written statements against the claims of the workmen contending that the workmen were "not ended to the wages of regular pay scale. According to the petitioners the workmen rein were casually employed and were only entitled to statutory daily wages.

(4) After hearing all the parties, in these cases, the Presiding Officers of the Labour Court granted the claims of the workmen. Aggrieved by these orders the Union of India have preferred these petitions.

(5) It is alleged in these petitions that the Presiding Officers have very limited jurisdiction u/s 33-C(2) of the-industrial Disputes Act. The Presiding Officers could not have arrogated to themselves the functions of the Industrial Tribunal in a reference u/s 10 by proceeding to determine the workmen''s right instead of computing the claims the valid order of the competent authority. It was further argued that there has been no adjudication or recognition of the claims of the workmen, Therefore, the Labour Court in these proceedings u/s 33-C(2) of the Act could not have decreed their claims.

(6) I have heard learned counsel for the petitioners and examined relevant provisions of the Act and decided. The respondent workman did not appear despite service.

(7) In The Central Bank of India Ltd. Vs. P.S. Rajagopalan etc., the Constitution Bench of the Supreme Court clearly pointed out, that the sole purpose of section 33-C(2) is the implementation or execution of the award and that the power of the Labour Court in a proceeding u/s 33-C(2) being akin to that of the Executing Court, the Labour Court would be within its rights to interpret the Award or settlement on which a workmen bases his claim u/s 33-C(2) like the power of the Executing Court to interpret the decree for the purpose of execution. To the same effect is the judgment of the Supreme Court in Bombay Gas Co. Ltd. Vs. Gopal Bhiva and Others, . That the right to the benefit which is sought to be computed u/s 33-C(2) must be one already adjudicated upon or provided for and that, while acting under that provisions, the Labour Court cannot arrogate itself the functions of adjudication of the dispute relating to the claim; was made further clear by the Apex Court in Chief Mining Engineer East India Coal Co. Ltd. Vs. Rameswar and Others, and Central Inland Water Transport Corporation Limited Vs. The Workmen and Another, .

(8) Their Lordships of the Supreme Court had occasion to examine the same issue in Municipal Corporation of Delhi Vs. Ganesh Razak and Another, . Their Lordships held that:

"WHERE the very basis of the claim or the entitlement of the workmen to a certain benefit is disputed, there being no earlier adjudication or recognition thereof by the employer, the dispute relating to entitlement is not incidental to the benefit claimed and is, Therefore, clearly outside the scope of a proceeding u/s 33-C(2) of the Act. The Labour Court has no jurisdiction to first decide the workmen''s entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power u/s 33-C(2) of the Act. It is only when the entitlement has been earlier adjudicated Or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity require interpretation that the interpretation is treated as incidental to the Lab Court''s power u/s 33-C(2) like that of the Execution Co power to interpret the decree for the purpose of its execution. The power of the Labour Court u/s 33-C(2) extends to interpretation o'' award or settlement on which the workmen''s right rests."

(9) On the basis of aforesaid judgments, a large number of petitions were disposed of by this Court.

(10) Admittedly, in these petitions the claims of the workmen, who were daily rated/casual workers, to be paid wages at the same rate as the regular workers, had not been earlier settled by adjudication or recognized by the employers and the claims were disputed. Since the claims in these petitions were disputed, Therefore, there could be no occasion for computation of the benefit u/s 33-C(2) and consequently the application preferred by the workmen u/s 33-C(2) of the Act were not maintainable.

(11) Consequently, the writ petitions preferred by the Union of India are allowed and the Awards made by the Central Government Labour Courts in favor of the respondent workmen are set aside. In the facts and circumstances of these petitions, the parties are directed to bear their own costs.