KANTA BHATNAGAR,J. - (1.) IN this writ petition under Article 226 of the Constitution of India, petitioners have prayed for quashing of the Award dated December 14, 1984 (Annexure -2) given by the Labour Court, Jodhpur in favour of non petitioner Shivlal.
(2.) NON -petitioner Shivlal had filed a claim petition under Section 33C(2) of the Industrial Disputes Act (for short 'the Act') before the Labour Court, Jodhpur for Rs. 26040/ - said to be due towards his salary for the post of Civil Mistry. Before the Labour Court the case of the non -petitioner was that he was appointed as Civil Mistry from February 1, 1967 and allowed to continue as such upto October 20, 1967 but thereafter, he was asked to work on a junior post and was paid lesser salary. According to him his reversion and payment of salary less than what he was entitled to was illegal. The initial claim of Rs. 26040/ - was subsequently revised as Rs. 21094/ - Despite service of notice issued by the Labour Court nobody appeared on behalf of the opposite party before that Court. The proceedings were therefore, ordered to be ex -parte. On the basis of the documents filed by the non -petitioner Shivlal and the affidavit filed by him, the learned Labour Judge allowed the claim vide Annexure -2 dated December 14, 1984. After waiting for about an year for the payment of the amount of the Award non -petitioner Shivlal on December 12, 1985 filed an application under Section 15(2) of the Payment of Wages Act before the Authority under that Act (for short 'the Authority'). Notice was issued and reply was filed. The application of non -petitioner Shivlal was allowed by the Authority on July 22 5986 which has caused grievance to the petitioners and they have now invoked the extraordinary jurisdiction of this Court.
(3.) P .K. Lohra entered Caveat on behalf of non -petitioner Shivlal. He has filed a preliminary objection about the maintainability of the writ petition on the ground of delay of more than one and half year, after the passing of the Award.;