S.S. Nijjar, J. - (1.) THIS petition under Articles 226/227 of the Constitution of India seeks issuance of a writ in the nature of certiorari quashing the order passed by the Presiding Officer, Labour Court, Gur -daspur (hereinafter referred to as 'the Labour Court') on 14.11.2000, accepting the application of respondent No. 2 (hereinafter referred to as 'the workman') under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and directing the petitioner -Punjab State Civil Supply Corporation Ltd. (hereinafter referred to as 'the Management') to release the amount of Rs. 1,06,529.50 as claimed by the workman, within three months failing which the workman shall be entitled to 12% interest on the same from the date of the order.
(2.) THE petitioner - Management is a statutory Corporation and falls within the definition of 'other authority' as given under Article 12 of the Constitution of India. The workman joined the Management as a Shop Assistant on 1.10.1977. He worked in this capacity upto February 24, 1987. The designation of Shop Assistant Grade -1 was changed to Public Distribution Clerk (hereinafter referred to as PDC). The Management by its letter dated 12.1.1987 sought consent of Assistant/PDC to work as Accountant as about 40 posts of Accountants in various districts were lying vacant. It was proposed to utilise the services of PDCs, PDHs or Assistant/Clerks who were graduates and having accounting experience. It was made clear that their services will be required for short terms basis; at least till the time some regular arrangement is made to fill in these posts. This letter was addressed to all the District Managers directing them to send the names and particulars of qualified officials for consideration of their posting as Accountants. The District Manager, Gur -daspur, where the workman was working as PDC, sent vide its letter dated 22.1.1987 a list of four officials who were qualified for being posted as Accountant. The name of the workman appears at serial No. 1 in the aforesaid letter. By order dated 18/19.2.1987, ten officials were post to work as Accountant in their own pay scales on purely short term basis and without any additional remuneration. The order also stated that they will not have any semblance of promotion. The name of the workman appears at serial No. 7 of this order. Consequently, the workman joined on the post of Accountant on 25.2.1987. He continued to work on the post of Accountant till 9.8.1996, when he was posted to his original post of PDC. In the meantime, the workman had made an application for grant of regular pay scales for the period he had worked on the post of Accountant. This application was rejected. Hence, he made an application under Section 33C(2) of the Act seeking to recover an amount of Rs. 1,06,529.50 as difference of wages for the period from 1.3.1987 to 31.5.1996. After completion of the pleadings, the Labour Court framed the following three issues : - "1. Whether the application is not maintainable as alleged in the p.o. of W/S ? 2. Whether the applicant has no existing right to sustain the claim ? 3. Whether the applicant is entitled to the amount claimed in the application -
(3.) ISSUES Nos. 1 to 3 being interconnected, have been taken together for discussion. The Labour Court has decided all the issues against the Management. It has been held that the Management has not been able to prove that there was any implied consent given by the workman for working on the post of Accountant without any remuneration. It has also been held that there is nothing on the record to show that the Head Office had required a clear consent from the officials for not claiming the scale of Accountant. The Labour Court has also held that in view of the settled law, the workman cannot be deprived of the remuneration on the post of Accountant having worked on the same. In support of its finding, the Labour Court has relied on three unreported judgments of this Court rendered in C.W.P. Nos. 4626 of 1993, 13120 of 1993 and 17902 of 1996.;