- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner is aggrieved by the order dated 22.02.2002 passed in L.C. Case No. 9 of 2000 by the Presiding Officer, Central Government Industrial Tribunal No. 1 at Dhanbad (Respondent No. 1) whereby the case was disposed of on the ground that the appellant / applicant is not interested and does not want to pursue the case as no one was appearing on behalf of the applicant and no steps whatsoever has been taken in the said case before the learned court. Learned counsel for the petitioner submits that the petitioner had moved the learned Industrial Tribunal by making an application under section 33 -C(2) of the Industrial Disputes Act, 1947 for payment of salary and other benefits for the period from 15.07.1997 to 19.07.1999 alleging that the petitioner has been wrongly retired from service with effect from 15.07.1999 and was subsequently reinstated with effect from 19.07.1997. As such, he was entitled to the wages for the idle period. Learned counsel for the petitioner by referring to section 33 -C(2) of the Act and the judgement of the Supreme Court passed in the case of M/s Fabril Gasosa vs. Labour Commissioner and others with M/s Agencia E. Sequeira vs. Labour Commissioner and others reported in AIR 1997 Supreme Court 954, submitted that the applicant / petitioner was entitled to approach the Industrial Tribunal for execution of the amount of salary and other wages due to him as such payment was due for the intervening period on account of his forced retirement and reinstatement by the employer management. Section 33 -C of the Industrial Disputes Act, 1947 is quoted herein below: 33C. Recovery of Money Due from an Employer. - (1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of 2[Chapter VA or Chapter VB] the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue : Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer: Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period. (2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government [within a period not exceeding three months. Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.] (3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a Commissioner who shall, after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the Commissioner and other circumstances of the case. (4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub -section (1). (5) Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen. Explanation. -In this section 'Labour Court includes any court constituted under any law relating to investigation and settlement of industrial disputes in force in any State.
(3.) LEARNED counsel for the petitioner further submits that there was no necessity of any adjudication by the Tribunal for computation of the amount due to the workman and he could straightaway approach the Industrial Tribunal under section 33 -C(2) of the Industrial Disputes Act, 1947 for realization of his dues which could be enforced in view of section 33 -C(4) only by the concerned Government upon determination by the Industrial Tribunal.;