U.P. State Road Transport Corporation v. Labour Court, U.P. Dehradun, Distt. Dehradun

Judgment

#1. 2. Vijay Kumar Gupta S/o Sunil Chand, Head Clerk, Office of Service Manager, UPSRTC, Dehradun

#3. Suresh Chand S/o Amar Singh, Office Assistant IInd, Officer of Service Manager, UPSRTC, Dehradun 4. Vijay Kumar S/o B.L. Sharma, Office Assistant IInd, Office of Service Manager, UPSRTC, Dehradun (cid:133)(cid:133). Respondents

Shri Ashish Joshi, ld. counsel for the petitioner. None appears for Respondent No.2. Dated: 29.09.2005 Hon(cid:146)ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for writ of Certiorari quashing the impugned order dated 12.09.2001 passed by Respondent No.1- Presiding Officer, Labour Court, Dehradun in Misc. Case No. 245 of 2001. Brief facts of the case according petitioner are that a claim application was filed by Respondent No.2 to 4 under Section 33-C(2) of Industrial Dispute Act, 1947 for payment of arrears of difference of salary, leave encashment and arrears of Dearness Allowances arose out of implementation of the recommendations of 5th pay commission. The learned Tribunal after considering the entire evidence on record allowed the application of the Respondent No. 2 to 4 and ordered the petitioner to pay the amount which has been mentioned in the list against their names alongwith the cost of Rs.200/- as litigation expenses the each applicant under Section 33-C(2) of the Act. Feeling aggrieved, this writ petition has been filed. I have heard learned counsel for the parties and perused the entire evidence on record. Before the learned Labour Court, the petitioner has accepted that recommendation of 5th Pay commission is binding on the Corporation and according to the recommendation, the dues are payable to their employees. It was also accepted that the financial condition of the corporation is not good at present and as and when the financial condition will be improved, the dues shall be paid to the employees. Keeping in view the facts and circumstances of the case, the Tribunal has rightly ordered to pay the dues to the employee-workmen within two months. I do not any force in the writ petition. The Labour Court has recorded the finding of fact, which does not call any interference. The writ petition is devoid of merit and dismissed. No order as to costs. Rajeev Dang ‘ (P.C. Verma, J.)