Untwalia J. - (1.) This is an appeal by special leave from the judgment and order of the Gauhati High Court dated the 2nd of May, 1973 setting aside the order of the Labour Court Gauhati dated the 26th July, 1972. The facts are in a very narrow compass and the point involved is short.
(2.) The appellants, workmen of the respondent company, filed an application under S. 33C (2) of The Industrial Disputes Act, 1947 - hereinafter to be referred to as the Act, in the Labour Court asking it to compute their wages due from the respondent on the basis of certain settlements said to have been arrived at between them and the management. The Labour Court allowed their application in part and held that each of the workman was entitled to get Rs. 848/- from the respondent company @ Rs. 20/- per month from December, 1969 to March, 1972 and @ Rs. 12/- from March. 1970 to March, 1972. the claim of the workmen for Rs 13/- per month from February, 1971 to March, 1972 was rejected by the Labour Court. The management challenged the order of the Labour Court in Civil Rule No. 778 of 1972 by a writ application. The High Court allowed the application and quashed the order of the Labour Court. Hence this appeal.
(3.) It may be stated here that the only dispute between the management and the workmen in the proceeding under S. 33C. (2) of the Act was whether the employees in the Assam Sector were also entitled to take advantage of the settlement between the company and its employees in West Bengal. The quantum or the rate of extra wages to which the workmen would have been entitled if the advantages under the settlement were found available to them was not in dispute. In that view of the matter, the High Court was of the opinion, to quote the relevant words from its judgment - "For conferring jurisdiction on a Labour Court under S. 33C(2), it is not only necessary that the workmen should be entitled to any money due but also that there should be a dispute about the amount of that money. It is clear that there is no dispute with regard to the amounts of money which have already been fixed by the settlement. That being the position, there is no question within the scope of S. 33C (2) for determination by the Labour Court in this case.";