- (1.) In proceedings under Section 33 C(2) of the Industrial Disputes, Act, 1947 (hereinafter referred to as 'the Act'), the Labour Court, Ludhiana, by its impugned orders of April 13, 1987 Annexure P-3, directed that the respondent-workmen be treated at par with temporary employees of the Punjab State Electrical Board in the matter of amounts claimed by them as salary and allowances. This relief having been granted to them, in terms of the standing orders earned by the petitioner under the Industrial Employment (Standing Order) Act, 1946.
(2.) It is the case of the petitioners that the respondent-workmen were not covered by the Standing Orders in question and it was beyond the jurisdiction of the Labour Court in proceedings under Section 33-C(2) of the Act, to adjudicate on the controversy, whether or not Standing Orders were applicable to the respondent-workmen too.
(3.) The law is, now well-settled that Standing Orders framed under the Industrial Employment (Standing Orders) Act, 1946 have the force of law and are consequently binding upon both the employer and the workmen. Any right conferred thereby upon the employees cannot, but be treated as their pre-existing right. This being so, a claim based upon such right would clearly be amenable to the jurisdiction of the Labour Court under Section 33-C(2) of the Act. What is more, it is also equally well-established that mere denial of a claim put forth by a workman cannot by itself oust the jurisdiction of the Labour Court under Section 33-C(2) of the Act.;