- (1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment dated 9.2.1999 passed in CWJC No. 914/97 whereby the learned single Judge dismissed the writ petition and affirmed the award given by the Labour Court in Reference Case No. 6/90.
(2.) IT appears that the concerned workmen raised an industrial dispute after their application for higher pay scale was rejected under Section 33(c) of the Industrial Disputes Act. The dispute was finally referred to the Labour Court for adjudication. The terms of reference was as under : "Whether Sharb Sri Ram Naresh Singh Personal No. 64910, Md. Zaffar P.No. 64193, Sudhan Munda P. No. 61907, Chamru Oraon P -64908, Birendra Singh P -No. 64902 and Sri M.N. Pandey P -6409 of Heavy Engineering Corporation Ltd. Ranchi at present on the post of Yard Supervisors are entitled to get promotion in the following pay scales 14.2.1966 pay scale of Rs. 85 -110 30.10.1972 pay scale of Rs. 105 -115 31.5.1978 pay scale of Rs. 140 -175 26.12.1985 pay scale of Rs. 546 -819." The Labour Court decided the main issue as to whether the concerned workmen are entitled to get promotion in the scale as mentioned in the terms of reference. However, incidently the Labour Court further held that the reference was made after inordinate delay and on that ground also the concerned workmen are not entitled to any relief. The said award was challenged by the appellant by filing the aforementioned writ petition.
(3.) THE learned single Judge held that the Labour Court rightly observed that the dispute was raised after inordinate delay.;