1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.313 OF 2008 Kishore S. Gholam. ..Petitioner. V/s. M/s. Sparklet Engineers. ..Respondent. Mr.V.P.Vaidya for petitioner. Mr.Rahul Nerlekar for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 21, 2008. DATE : FEBRUARY 21, 2008. DATE : FEBRUARY 21, 2008. P.C. : P.C. : P.C. : 1. Having heard the Counsel for the parties, in my opinion, on reading the Judgment as a whole, the Court below has opined that the Application was not maintainable as there was serious dispute about the post on which the Petitioner was appointed. Inasmuch as, according to the Respondent, the Petitioner was working as helper, which position is supported by the documents pressed into service by the Petitioner. On the other hand, according to the Petitioner, the Petitioner was working as a turner with effect from 8th April, 2005. 2. The fact remains that the post on which the Petitioner was working, is not an indisputable fact 2 so as to enable the Labour Court to proceed to apply the norms prescribed under the Minimum Wages Act in the context of particular post, on which the Petitioner was indisputably working. 3. Thus understood, no fault can be found with the conclusion reached by the Court below that in the fact situation of the present case the Application under section 33C(2) was not maintainable. As aforesaid, in absence of adjudication by the competent authority as to the actual post on which the Petitioner was working, it was not possible for the Labour Court to apply the norms of Minimum Wages Act, as claimed by the Petitioner, as minimum wages for both the posts, namely, turner and helper are entirely different. 4. Accordingly, this Petition fails. The same is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)