Ajit Singh v. Presiding Officer, Industrial Tribunal, Jalandhar & Ors.

19.7.2011, passed by Presiding Officer, Industrial Tribunal, Jalandhar, (for short, 'the Tribunal'), whereby the application filed by the petitioner under Section 33-C(2) of the Industrial Disputes Act, 1947 for claiming payment of over-time for the period from 12.5.1982 to 21.12.1991, was dismissed. On 23.4.2012, this court passed the following order:

Learned counsel for the petitioner argued that the Labour Court was not correct in applying the principles of Order 2 Rule 2 CPC in proceedings under Section 33-C(2) of the Industrial Disputes Act, 1947 with regard to the claim of the petitioner. The learned counsel for the petitioner prays for some time to research the issue.

Learned counsel for the petitioner submitted that she cannot support her arguments with any binding precedent on the issue. It is further C.W.P. No. 7238 of 2012 [2] evident on a perusal of the impugned award that prior to the filing of the present application before the Tribunal, the petitioner had filed application under Section 33-C(2) of the Act for claiming arrears of over-time for the period from 22.12.1991 to 7.4.1993, which was allowed on 5.5.1998. The present application was filed on 29.3.2004, nearly 22 years after the period from which the over-time is sought to be claimed and more than 12 years after the last date for which the payment is claimed. For the period subsequent thereto, the petitioner had already filed an application, which was allowed. In case any amount was to be claimed by the petitioner- workman from the management, the same had to be claimed by filing a composite application at one time. The Tribunal has dealt with the claim made by the petitioner and dismissed the same. I do not find any reason to interfere with the impugned award. Accordingly, the present petition is dismissed.

23.7.2012 ( Rajesh Bindal ) Judge