- (1.) Special leave granted.
(2.) The first respondent filed a claim statement before the Industrial Tribunal-cum-Labour Court, Gurgaon, which was in the form of the demand notice that he had issued to the appellant. It stated thus: "That the applicant was appointed as Octroi Moharrir w.e.f. 1-7-1980 in the Pay Scale of Rs. 400/-600/- and has been performing his duties as Moharris honestly and delinquently diligently but respondent from 1-6-1985 has unlawfully detained from duty on the plea either to work as Octroi peon otherwise the respondent would not allow him on duty. The applicant refused to perform duty as Octroi peon, as the applicant has been appointed as Moharrir. A complaint has been lodged to Labour Inspector but no result. The action of respondent in not allowing applicant on service tantamount to an illegal dismissal, removal, discharge, from service. It is therefore prayed that the applicant be reinstated on their duty as Octroi Moharrir with continuity of service and back wages." Alongside his signature upon the aforesaid, the first respondent stated: "The demand notice may be treated as claim statement."
(3.) It is necessary immediately to analyse what the first respondent's claim was. It was:(1) that he had been appointed as an Octroi Moharrir. (2) that he had been performing the duties of a Moharrir; (3) that the appellant had wanted him to work as Octroi peon; (4) that he had refused to perform the duties of an Octroi peon because he had been appointed as a Moharrir, and (5) that he be reinstated as Octroi Moharrir.;