- (1.) LEAVE granted. On a claim made under S. 33-C(2) of the Industrial Disputes Act in L.C.A. No. 219 of 1987 on the file of the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Pandu Nagar, Kanpur, Uttar Pradesh the Labour Court made the following observations: "So with this observation that his pay in the revised scale of pay of Rs. 1400-2300 was Rs 1900 p.m. as on 1/1/1986 and Rs 1950 p.m. as on 1/1/1987, I dismiss his application under S. 33-C(2), ID Act with further observation that he shall be at liberty to bring a fresh claim in respect of various heads of his claim mentioned in Annexure B to the petition under S. 33-C(2), ID Act and wages if any due to him from 1/10/1985, after getting the point of his retirement age determined in proceedings under S. 10(1)(c), ID Act or if he finally accepts 28/2/1987 as the date of his retirement." Thus, so far as wages are concerned, the Labour Court has determined the matter but on the question as to the age of retirement, directed that the same should be determined under S. 10(1)(c) of the Industrial Disputes Act and disposed of the matter.
(2.) AGAIN , the appellant approached the Labour Court by filing an application being L.C.A. No. 143 of 1997. In that case it was noticed that the order made in L.C.A. No. 219 of 1987 had become final, however, directed the appellant to work out his rights further by approaching the authorities concerned and, thereafter, seek for a reference under S. 10 of the Industrial Disputes Act. We do not think that when the Labour Court had already made an order as to what the wages should be, there was any need for the Labour Court to direct the appellant to approach the other authorities. A similar mistake has been committed by the High Court by not entertaining the writ petition filed by the appellant. We, therefore, allow this appeal and direct the respondent to work out the wages of the appellant and pension as directed by the Labour Court in L.C.A. No. 219 of 1987 as extracted above.
(3.) THE Appeal is Allowed Accordingly.;