- (1.) This is a petition under Article 226 of the Constitution challenging the order of the Labour Court, Allahabad, dated 20th September, 1972, issued under Section 33-C (2) of the Industrial Disputes Act, 1947 (Central Act) holding that the petitioner is liable to pay a sum of Rs. 19,358/- to Shyanr Lal Sharma, a workman of the petitioner Mills, as arrears of salary and other allowances.
(2.) The petitioner is a company which carries on business of manufacture and sale of woollen blankets. It has got three different units. Shyam Lal Sharma, respondent No. 1, was employed as workman in Unil No. 1 of petitioner Mills. A domestic enquiry was held against him on certain charges and he was dismissed from service on 29th October, 1967. Since some labour dispute was pending at that time, the petitioner made an application to the Labour Court and Industrial Tribunal for approval of the dismissal of respondent No. 1 under Sec. 6-E (2) of the U. P. Industrial Disputes Act, 1947 , but the approval was refused by the afore said authorities. Shyam Lal Sharma the respondent workman, thereafter made an application under Section 6-H (2) of the Li. P. Industrial Disputes Act, 1947 , before the Labour Court at Allahabad for computation of the benefits due to him with effect from 20th May, 1967. The Labour Court awarded salary to respondent workman for the period from 20th May, 1967 to 31st August, 1968, but his claim for subsequent period was rejected by the Labour Court on the ground that there was closure in the Mills after 31st August, 1968, and that the workman could get his right adjudicated only after a regular reference under Section 4-K was made by the Government. Aggrieved, the workman filed writ petition No. 4158 of 1969 challenging the order of the Labour Court. The writ petition was allowed by Justice B. N. Lokur on 23rd July, 1971, and the proceedings were remanded to the Labour Court for adjudicating the workman's claim in accordance with law. After the remand the Labour Court dismissed the workman's application by its order dated 29th March, 1972, on the ground that the workman's application was not maintainable under Section 6-H (2) of the U. P. Industrial Disputes Act for arrears of salary and other allowances as the money claim could not be claimed under the aforesaid provision. Aggrieved, the workman challenged the validity of the order of the Labour Court in Writ Petition No. 4452 of 1972, which was heard along with this petition and dismissed.
(3.) After the dismissal of his application under Section 6-H (2) of the LF. P. Industrial Disputes Act, the respondent workman filed another application under S. 33-C (2) of the Industrial Disputes Act, 1947 , (hereinafter referred to as the Central Act) claiming that he was entitled to receive from the petitioner Mills money as arrears of salary, benefit of bonus, house rent allowance and leave pay upto the date of the application, namely, 1st August, 1972. The workman made a further prayer before the Labour Court to compute the amount of money and benefits due to him under the aforesaid heads and issue direction for the payment of the same to him. The employers, namely, the petitioner Mill contested the workman's application on the ground that the application was not maintainable under the Central Act and that the Presiding Officer of the Labour Court had no jurisdiction to hear and decide the matter as the Labour Court was not constituted under the Central Act and the Presiding Officer did not possess the requisite qualifications laid down under the Central Act for the appointment as Presiding Officer and since a similar application made earlier by the workman under Section 6-H (2) had been dismissed, the second application was not maintainable on the principles of constructive res judicata. The Labour Court repelled the employer's contention and accepted the workman's claim and awarded a sum of Rs. 19,308/- as arrears of salary and other allowances by its order dated 20th September, 1972. Aggrieved, the petitioner approached this Court by means of the present petition challenging the order of the Labour Court.;