STATE OF PUNJAB Vs. DHARMA SINGH

JUDGEMENT

(1.) The respondent-workman Dharam Singh filed a civil suit which was dismissed by the Trial Court on 13.6.1986. Dissatisfied with the order of the trial Court, he preferred an appeal which was allowed on 17.2.1988. The operative part of the order passed by the Appellate Court is being extracted hereunder :-

(2.) He claimed aforesaid wages and costs and additionally remuneration from 26.7.1983 by filing an execution application before the trial Court. The aforesaid execution application came to be dismissed by the Senior Sub Judge, Gurdaspur, on 17.11.1992, on account of non-prosecution thereof. The aforesaid order is stated to have not been challenged or recalled till date.

(3.) The respondent-workman Dharam Singh then adopted another method for seeking wages for the period from 24.6.1983 to 25.7.1983 and further wages from 26.7.1983 till date by moving an application under Section 33-C(2) of the Industrial Disputes Act, 1947 , (hereinafter referred to as 'the Act'). In the aforesaid application, the respondent-workman Dharam Singh expressly asserted that persons junior to him had been retained in the employment of the petitioner after 25.7.2003. The aforesaid factual position was, however, disputed by the petitioner-Management in its written statement. Be that as it may, the Presiding Officer, Labour Court, Gurdaspur, by an order dated 9.5.2001 disposed of the application under Section 33-C(2) of the Act by awarding wages to the respondent-workman Dharam Singh for the period from 26.7.1983 till date along with interest at the rate of 12% per annum, after recording a finding of fact that the juniors of the respondent-workman had been retained in service even after 25.7.1983. It is now well settled that proceedings under Section 33-C(2) of the Act are in the nature of execution proceedings and a finding of fact cannot be recorded especially in case of a dispute going to the root of the matter while granting relief to a workman, thereunder. It is only after recording a finding of fact that juniors to the respondent workman had been discharging duties after 25.7.1983, that the aforesaid application was allowed by the Presiding Officer, Labour Court, Gurdaspur, on 9.5.2001. We are satisfied that the Labour Court while adjudicating over the matter in hand exceeded its jurisdiction. In view of the above, impugned order of the Labour Court passed under Section 33-C(2) of the Act dated 9.5.2001 is liable to be set aside. The same is accordingly set aside.