- (1.) By this application under Art. 226 of the Constitution of India, the petitioner has challenged the order dated 16th Dec, 1975 as well as the proceedings under S. 33C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") wherein the said impugned order was passed by the Central Government, Labour Court, the respondent No. 2.
(2.) The case of the petitioner is shortly as under : The respondent No. 3 Saroj Kumar Choudhury, a class III workman in the Serampore Branch of the petitioner filed an application under S. 33-C (2) of the Act before the respondent No. 2, for computation of the alleged dues payable by the petitioner to the respondent No. 3 for the period between 25th July 1947 and 31st Dec, 1947 on account of special pay at the rate of Rs. 25/- per month and for recovery of the same.
(3.) The respondent No. 3 as a Class III workman had been for some time working as a cashier under the petitioner and was getting functional allowance of Rs. 15/- per month. In accordance with the settlement of certain disputes between the parties thereto, in certain industrial disputes, an award was made by the National Industrial Tribunal, which was published in the Gazette of India, Extraordinary, dated 22nd July 1970 whereby the said functional allowance of Rs. 15/- per month which the cashiers were getting was abolished and special pay of Rs. 25/- per month was granted. The relevant portion of the said Award reads as under : "Cashiers who are not getting functional allowance will instead draw a special pay of Rs. 25/- per month.";