Untwalia, J. - (1.) This is an appeal by special leave directed from the order dated 1-4-1969 of the Central Government Labour Court, Delhi passed under Section 33-C (2) of the Industrial Disputes Act, 1947 (for brevity-the Act). The workman concerned was Shri R. K Bhatia who died during the pendency of the appeal in this Court. His legal representatives were substituted as respondents in his place. But hereinafter in this judgment by the respondent would be meant Shri R. S. Bhatia who was the original respondent and the applicant under Section 33-C (2).
(2.) The claim of the respondent was that he was employed in service of the appellant in the year 1928 and was promoted as an Accountant in the year 1938 on which post he worked upto 8-10-1958. On and from 9-10-1958 he was given the additional duty as an officiating Manager on temporary basis in the Delhi Branch of the appellant Bank. He was suspended on the 4th of April, 1961 and was dismissed from service on the 22nd June, 1961. He filed an application under Section 33-A of the Act challenging the order of his dismissal. The respondent's said application was registered as I. D. No. 66/1962. Shri Anand Narayan Kaul, Presiding Officer of the Labour Court Delhi by his order dated the 23rd July, 1966 held in that case that the respondent who was applicant under Section 33-A of the Act was a workman. The appellant's contention in that behalf was not accepted. Eventually, however, the complaint under Section 33-A was dismissed on 24th July, 1969 on merits.
(3.) The respondent in his application under Section 33-C (2) of the Act claimed that under the Shastry Award which was published by the Government of India on the 26th March, 1953 he was entitled to some benefits which the appellant failed to pay. A statement of claim computed in terms of money was attached as Annexure A to the application. The claim made by the respondent was for the period 1954 to 1961 and the application under Section 33-C (2) was filed on the 10th July, 1968. The total claim made in the application was to the tune of Rs. l0,237.64.;