Veerender Singh Siradhana, J. - (1.) ON 20th January, 2015 none appeared on behalf of the petitioner. Taking note of the fact that none appeared to prosecute the matter on 16th July, 2014. However, the matter was adjourned four two weeks, to enable the counsel/petitioner, to put in appearance to pursue the matter. It was made clear that if none appeared on the next date, the matter would be proceeded with on the basis of pleadings including proceedings ex -parte. Again 9th February, 2015 none appeared on behalf of the petitioner. Mr. Sanjeev Singhal, Dy. G.C., appeared on behalf of the State -respondents and undertook to collect the information about the petitioner as to his present posting as well as the counsel representing him, and therefore, the matter was deferred to 23rd February, 2015. None of the parties appeared before the court on 23rd February, 2015 and the position remains the same today.
(2.) THE petitioner, in the instant writ application, has assailed the legality, validity and correctness of the order dated 10th November, 2003, passed by the Labour Court No. 2, on an application filed under Section 33 -C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947', for short). The grievance of the petitioner is that the Labour Court under Section 33 -C (2) of the Act of 1947, carried out the computation on the basis of daily wages instead of regular pay scale. The conclusion arrived at by the Labour Court has been assailed for being illegal and invalid. Further, the Labour Court has not furnished any cogent and convincing reason for not computing the back wages on the basis of regular pay scale. It is also pleaded that the petitioner has been rendering service since 1986, whereas the similarly situated employees namely; Shiv Ram and others, have been accorded the benefits of back wages on the basis of regular pay scale. In response to the notice of the writ application the respondents have filed their counter affidavit supporting the impugned order dated 10th November, 2003. It is specifically pleaded that in compliance of the order dated 13th May 1991 passed in SBCWP No. 229/1989; the petitioner reported for duty on 17th May, 1991 and he has been accorded the benefit of regular pay scale of Rs. 750 -940 w.e.f August, 1991. The Labour Court computed an amount of Rs. 10738/ - (Rupees ten thousand seven hundred thirty eight) in favour of the petitioner vide impugned order dated 10th November, 2003, and the matter for payment of the aforesaid amount was already forwarded to the State Government for financial sanction.
(3.) I have carefully considered the pleadings of the parties and also perused the impugned order dated 10th November, 2003.;