IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 30196 of 1998 Between: 1 The Executive Engineer; ID NSLC O&M Divn. Tekulapalli, Khammam. 2 The Executive Engineer; ID NSLC Mechanical Stores Division, Tekulapalli, Khammam. ... PETITIONERS AND 1 P.Goal Rao S/o Butchi Ramaiah C/o P.M.Vijay Representation, Malo 2-1010 &,16-2-1-H, Srinivasa Nagar, Hanmakonda, Warangal District. 2 The Presiding Officer, Industrial Tribunal-cum-Labour Court, Warangal. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or orders direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to M.P.5/94 on the file of the 2nd Respondent and quash the same as illegal and pass Counsel for the Petitioner:GP FOR IRRIGATION & COMM AREA DEV. Counsel for the Respondents: . The Court made the following : O R D E R: In this writ petition, the petitioners have questioned the order dated 31-10-1996 passed by the Industrial Tribunal-cum-Labour Court, Warangal, in M.P.No.5 of 1994. The first respondent herein was initially appointed as a Winch Operator on NMR basis in the Andhra Pradesh State Construction Corporation Limited in its Unit at Khammam on 07-07-1977 and he worked as such up to 06-08-1979. On 06-08-1979, his services were retrenched on account of closure of works due to letting out water into Nagarjunasagar left canal. Pleading that his juniors were continued and last come first go principle was not followed, the first respondent has questioned the retrenchment order by raising an industrial dispute under Section 2-A (2) of the Industrial Disputes Act, 1947 (for short “the Act”) in I.D.No.701 of 1987 before the Industrial Tribunal-cum-Labour Court at Warangal. By award dated 27-03-1989, the Labour Court directed the petitioners-management to reinstate the first respondent with continuity of service but without back wages. It was further observed that the first respondent was entitled to wages from the date on which he expresses his intention for resumption of duty by registered post or in person. It is stated that pursuant to the award dated 27-03- 1989, the first respondent expressed his intention to join duty on 27-04- 1989, but however, he was reinstated into service on 01-02-1990. Subsequently, the first respondent filed a petition in M.P.No.5 of 1994 before the Industrial Tribunal-cum-Labour Court, Warangal, under Section 33-C (2) of the Act, claiming wages from 27-04-1989. During the pendency of the proceedings in the said petition, pursuant to the orders of the Tribunal an amount of Rs.70,381/- was deposited by the petitioners as at the relevant point of time the first respondent, who was working as Winch Operator was in the scale of Rs.780-20-1000-25- 1275, but after payment of the said amount, the first respondent has filed a memo seeking directions for re-fixation of his scale of pay in the scale of Rs.810-25-1060-30-1420. There is no dispute so far the payment of Rs.70,381/- to the first respondent is concerned. In the present writ petition, the petitioners have questioned the validity of the directions issued by the Tribunal to the extent of payment of wages in the revised scale of Rs.810-25-1060-30-1420. It is submitted by learned counsel for the petitioners that the said directions were beyond the scope of the application and the authority, in exercise of the powers under Section 33-C (2) of the Act, has no jurisdiction for issuance of such directions. In spite of service of notice on the first respondent, there is no appearance on his behalf to oppose the writ petition. There is no dispute with regard to the entitlement of the first respondent to the extent of Rs.70,381/- is concerned. But, the claim of the first respondent for revised pay scale was resisted by the petitioners stating that the first respondent was not eligible for the revised pay scale of Rs. 810-25-1060-30-1420 and the Tribunal below erred in issuing directions for payment of wages in the revised scale of Rs. 810-25-1060-30-1420. Whether the first respondent is eligible for wages in the scale of Rs.780-1275 or Rs. 810-1420 was not the subject matter of the petition filed under Section 33-C (2) of the Act and in any event, in view of the limited scope of jurisdiction of an authority under Section 33-C (2) of the Act, such authority cannot decide the applicable scale of a workman. The directions of the Tribunal to the extent of declaring entitlement of the first respondent to the revised scale of pay of Rs.810-1420 is beyond scope of the application and without any jurisdiction. Accordingly, the order of the Tribunal declaring that the first respondent is entitled to the revised pay scale of Rs.810-25-1060-30-1420 with effect from 01-12-1986 is set aside. However, it is made clear that it is open for the first respondent to make representation before his employer claiming the said scale and if any such representation is filed showing that Winch Operators are extended with the scale of pay of Rs.810-25-1060-30-1420, this order will not preclude the authority to extend such scale, or any further revised scale, to the first respondent. The writ petition is accordingly allowed to the extent indicated above. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 16th April, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Presiding Officer, Industrial Tribunal-cum-Labour Court, Warangal. 2 2CD copies Form-NIC-OGS/WP{KRD}