Sujit Narayan Prasad, J. - (1.) This writ petition has been preferred under Article 226 of Constitution of India assailing the order passed by the Labour Court no.2, Dhanbad under Article 33-C(2) of the Industrial Disputes Act, 1947 (for short hereinafter referred to as "of the I.D. Act, 1947") wherein the claim raised by the petitioner has been held to be not maintainable.
(2.) Brief facts of the case of the petitioner, as per the pleadings made in the writ petition, is that he was appointed to the post of General Mazdoor Category-I under the Bharat Coking Coal Ltd. (for short hereinafter referred to as "BCCL") on 13th April, 1995 and joined on 26th April, 1995 in the Lodna area. In the year 1998 he was transferred from North Tisra Colliery to Bagdigi Colliery in the same capacity i.e. General Mazdoor Category-I. He was being paid the wages of the said post but the BCCL from the time of appointment was taking the work of Loading Clerk in the North Tisra Colliery from the petitioner. The grievance of the petitioner is that although he is under category-I working as General Mazdoor but the work of Loading Clerk, which happens to be of higher grade i.e. Clerk Grade-II, has been taken but without any wages to the post of Clerk Grade-II. This fact has been brought to the notice of the competent authority but have no effect, therefore the same has been brought for conciliation through the Rashtriya Colliery Mazdoor Sangh and the Management has agreed to resolve the dispute by virtue of memorandum of settlement arrived on 18.09.2003 as envisaged under the provision of Section 12(3) of the I.D. Act, 1947.
(3.) It is the case of the petitioner that in view of aforesaid settlement the Management has agreed to depute him as General Mazdoor working as Loading Clerk in the existing capacity with immediate effect and also decided to initiate a process for regularisation in due course as Weigh Bridge Clerk. The petitioner, in terms of the aforesaid memorandum of settlement has assumed the charge of the post but even thereafter the wages has not been paid on the basis thereof. The petitioner, thereafter, has been regularised from the post of General Mazdoor Category-I to the post of Clerical Grade-III vide letter No.45 dated 19.01.2009 and as such the petitioner being entitled to get wages of the higher grade but having no benefit, as such he has filed an application under the provision of Section 33-C(2) of the I.D. Act, 1947 which has been rejected by the Labour Court being held to be not maintainable and hence, instant writ petition.;