- (1.) Petitioner was employed as a driver with Indian Railways in the year 1951. He was retired by the employer with effect from 31st October, 1985. Earlier thereto, he was transferred from Bathinda to Ghaziabad in the month of October 1980. To assail that order, he filed a civil suit and the same was decided by the Court of Sub-Judge, First Class, Bathinda vide his judgment dated 22nd February, 1985. An appeal was filed by the Union of India, aggrieved against the judgment and decree of the Civil Court. During the pendency of the appeal, Central Administrative Tribunal (hereinafter referred to as, 'the Tribunal') was constituted and the appeal was transferred to the same. All matters between the employer and the employee were settled before the Tribunal. The judgment of the Tribunal is annexed with the present writ petition as Annexure R-1.
(2.) The Petitioner filed four execution applications, three before the decision of the appeal and one thereafter, in the Civil Court. All four were decided. Thereafter, the Petitioner filed an application under Section 33-C(2) of the Industrial Disputes Act, 1949 (hereinafter referred to as, 'the Act') claiming various dues. The said application has been dismissed by the Labour Court on the following grounds: (a) The jurisdiction of the Labour Court under Section 33-C(2) of the Act is barred, as the workman has availed alternative remedy by filing execution applications before the Civil Court for enforcement of the decree. (b) The judgment of the Tribunal records that a settlement has been arrived at and the relief sought has been granted to the Petitioner-workman. (c) The payment of minimum bonus cannot be entertained, as under Section 33-C(2) of the Act No. enquiry can be held and the claim cannot be determined.
(3.) Giving above said reasons, the application filed by the Petitioner-workman under Section 33-C(2) of the Act was not entertained and was dismissed by the Labour Court, Bathinda vide its order (Annexure P-2) dated 20th June, 1988. In the present writ petition, the order (Annexure P-2), has been assailed.;