1 S.B.CIVIL WRIT PETITION NO.3720/2001 Balram v. RSRTC, Jaipur & Ors. DATE OF ORDER :: 7th February, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.Mridul, Sr.Advocate assisted by Mr.R.N.Upadhyay, for the petitioner. Mr. Sangeet Lodha, for the respondents. .... By this petition for writ a challenge is give to the order dated 5.7.2001 passed by Industrial Tribunal and Labour Court, Sriganganagar in Industrial Dispute Claim No.56/98. In brief, facts of the case are that the petitioner workman raised an industrial dispute that was referred by appropriate government for its adjudication to the Industrial Tribunal, Bikaner under a notification dated 4.4.1988 in the terms as to whether non-grant of promotion to workman Shri Balram as Incharge, Electrical Branch despite utilising his service as such w.e.f. 1.11.1982 is proper and valid, if not then for relief the workman is entitled. The Industrial Tribunal answered the reference by holding that there was no illegality in not granting promotion to the workman as Incharge, Electrical Branch despite utilising his service as such since 1.11.1982, however, the Industrial Tribunal while negativating the claim of the workman in terms above declared him 2 entitled for getting minimum of the pay scale pertaining to the post of Incharge, Electrical Branch w.e.f. 1.11.1982. The petitioner then preferred an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”) for determination of the amount awarded under the award dated 17.6.1994. In specific terms the workman claimed a sum of Rs.1,26,618.60 as the difference of the pay amount pertaining for the period commencing from 1.11.1982 to 31.1.1995. Respondent Rajasthan State Road Transport Corporation (hereinafter referred to as “the Corporation”) in reply to the application under Section 33-C(2) of the Act of 1947 averred that the amount awarded under the award dated 17.6.1994 was not due being paid to the workman under a voucher dated 23.7.1995. The Industrial Tribunal after considering the evidence adduced by the workman as well as by the employer rejected the application preferred under Section 33-C(2) of the Act of 1947 holding that the workman failed to prove that his services were ever utilised as the Incharge, Electrical Branch after the year 1986 and the wages for the period his services were utilised as Incharge, Electrical Branch were already paid, hence this petition for writ is preferred. 3 The petitioner under an application dated 1.2.2007 placed certain documents on record to substantiate the contention that even after 1986 his services were utilised as Incharge, Electrical Branch and on basis of that an effort is made to prove the finding given by the Industrial Tribunal contrary to the record. From perusal of the documents placed on record alongwith application dated 1.2.2007 it reveals that not a single document relates to the period commencing from 1.11.1982 to 31.1.1995, the period to which the application relates, as such reference of the documents placed on record alongwith application dated 1.2.2007 is of no consequence. It is pertinent to note that the documents produced by the petitioner alongwith the application dated 1.2.2007 were also not the part of the record of the Industrial Tribunal, therefore, there was no occasion for the Industrial Tribunal to examine the same while adjudicating the application under Section 33-C(2) of the Act of 1947. I have scanned the order impugned and also the other record available. The order passed by the Industrial Tribunal is based on sound appreciation of evidence and on basis of that a specific finding of fact is given by the Industrial Tribunal that is not required to be interfered by this Court under Articles 226 and 227 of the Constitution of India. Counsel for the petitioner failed to point out any error apparent 4 on the face of record that may warrant interference of this Court under Articles 226 and 227 of the Constitution of India. Accordingly, this petition for writ is dismissed. ( GOVIND MATHUR ),J. kkm/ps.