MAHESH CHANDRA SHARMA, J. - (1.) BY filing this petition the petitioner has prayed to quash and set -aside the order dated 5.4.1997 passed by learned Labour Judge and Industrial Tribunal, Ajmer (for short 'the learned Tribunal).
(2.) BRIEF facts of the case according to the petitioner -Corporation are that the non -petitioner No. 1 filed an application under Section 33(c)(2) of the Industrial Disputes Act, 1947 (for short 'the Act of 1947'), claiming therein the benefit of wages of the post of Artisen Grade I and II. It was stated that the Union had raised a dispute regarding grant of wages of the post of Artisen Gr. II in favour of few employees, who alleged to have been the member of the Union. The said dispute was thereafter, registered as IT No. 124/88, and the learned Tribunal after hearing passed the award on 9.10.1995. Petitioner -Corporation further mentioned in the petition that it preferred a writ petition in as much as the award so passed by the learned Tribunal was passed on perverse finding and was otherwise also illegal. In -fact the member of the respondent -Union was not eligible and entitled for the benefit so claimed in the dispute which was then referred to the learned Tribunal for its adjudication and the writ petition preferred by the petitioner -Corporation is still pending. During pendency of the writ petition, the non -petitioner No. 1 preferred an application before the learned Tribunal. The learned Tribunal after hearing both the learned Counsel, decided the application moved by respondent No. 1 for computation of wages vide its order dated 5.4.1997. The petitioner -Corporation being aggrieved with the aforesaid order, has preferred the instant petition before this Court stating therein that when the writ petition was pending in this Court and the award so passed by the learned Tribunal cannot be said to be final then adjudication of the application has erroneously been made. In rebuttal the petitioner -Corporation filed reply to the application before the learned Tribunal stating therein that the said award has been challenged in this Court and because of this reason, the learned Tribunal cannot hear the application moved under Section 33 (c) (2).
(3.) I have heard learned Counsel for both the parties and carefully gone through the entire material placed before me including the order dated 5.4.1997 passed by learned Tribunal;;