Civil Writ Petition No. 2459 of 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 2459 of 1991 Date of Decision: 5.7.2011 Municipal Committee, Bhatinda ..Petitioner Versus Presiding Officer, Labour Court, Bhatinda and another. ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. I.P.S.Doabia, Advocate for the petitioner. Mr. Vikas Singh, Advocate for the respondents RAJIVE BHALLA, J. ( ORAL) This order shall dispose of Civil Writ Petition Nos. 2459, 3712 and 3713 of 1991 as they involve adjudication of similar questions of law and facts. The Municipal Committee, Bhatinda, challenges an order dated 13.6.1990, passed by the Labour Court, Bhatinda. Counsel for the petitioner submits, by referring to a judgment of the Hon'ble Supreme Court in State of U.P. and another versus Brijpal Singh, (2005) 8 Supreme Court Cases 58, that in the absence of any award or adjudication, the Labour Court had no jurisdiction to entertain a petition under Section 33-C (2) of the Industrial Disputes Act, 1947 ( hereinafter referred to as the “Act”) as the appropriate remedy for the workman was to raise an industrial dispute under Section 10 of the Act. It is prayed that in view of the error of jurisdiction committed by the Labour Court, the petition Civil Writ Petition No. 2459 of 1991 2 should be allowed and the impugned award should be set aside. Counsel for contesting respondent No.2, on the other hand, submits that as respondent no.2 has a right to receive salary in accordance with his original pay scale, the application filed under Section 33-C(2) of the Act has been rightly entertained, adjudicated and allowed. I have heard counsel for the parties and perused the impugned order. The short point that arises for consideration is whether the Labour Court could have entertained the petition, under Section 33-C(2) of the Act. Admittedly, there is no award or adjudication, in favour of respondent No.2. The claim for salary, in accordance with pay scale in which respondent no.3 was originally appointed, in my considered opinion, can not be entertained under Section 33-C(2) of the Act. Reference in this regard may be made to a judgment in State of U.P. Versus Brijpal Singh's case (supra), a relevant extract whereof reads as under: “ It is well settled that the workman can proceed under Section 33-C(2) only after the Tribunal has adjudicated on a complaint under Section 33-A or on a reference under section 10 that the order of discharge or dismissal was not justified and has set aside that order and reinstated the workman. This Court in the case of Punjab Beverages (P) Ltd. v. Suresh Chand held that a proceeding under Section 33-C(2) is a proceeding in the nature of execution proceeding in which the Labour Court calculates the amount of money due to a workman from the empower, or, if the workman is entitled to any benefit Civil Writ Petition No. 2459 of 1991 3 which is capable of being computed in terms of money, proceeds to compute the benefit in terms of money. Proceeding further, this Court held that the right to the money which is sought to be calculated or to the benefit which is sought to be computed must be an existing one, that is to say, already adjudicated upon or provided for and must arise in the course of and in relation to the relationship between the industrial workman, and his employer.....” It is, therefore, apparent that the Labour Court had no jurisdiction to entertain the petition, much less pronounce an award in favour of the respondent. However, as the Municipal Committee has no right in law to reduce the pay scale of respondent no.2 on the basis of subsequent instruction issued after his appointment and the petitioner is entitled to receive pay in the scale in which he was originally appointed, it would not be appropriate at this belated stage to relegate respondent no.2 to filing a suit or raising an industrial dispute. Even otherwise, amounts due to respondent no.2 have already been paid. The writ petitions are, therefore, dismissed. 5.7.2011 ( RAJIVE BHALLA ) VK JUDGE