HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 1341 OF 2004 DATED 30TH OCTOBER, 2009. BETWEEN B.F. Bala Swamy …Petitioner And Hon’ble Addl.Industrial Tribunal-cum- Addl.Labour Court, Hyderabad, Rep. By its Presiding Officer and ors ….Respondents. THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1341 OF 2004 O R D E R The order dated 29.08.2003 of the Additional Industrial Tribunal- cum-Additional Labour Court, Hyderabad, in M.P.No.220 of 1986 is subjected to challenge in this writ petition. The said M.P. was filed by the petitioner under Section 33-C(2) of the Industrial Disputes Act, 1947 (for brevity, ‘the Act of 1947’) claiming a sum of Rs.9,527-85 Ps being the wages payable owing to the difference in the pay scales attached to the post of Pump Operator Grade-II in the Irrigation Department and the A.P. State Construction Corporation Limited (for brevity, ‘the Corporation’). The petitioner was originally appointed as a NMR and thereafter his services were regularized as a Pump Operator Grade-II in the Corporation. He was absorbed in the Irrigation Department of the State in the same post after the winding up of the Corporation. Claiming the difference of wages payable from 01.11.1978 owing to the difference in the pay scales attached to the post in the Government and in the Corporation, the petitioner filed the subject M.P. under Section 33-C(2) of the Act of 1947. In the first instance, the Labour Court was pleased to allow the said application by order dated 30.08.1993. However, upon challenge before this Court in W.P.No.5976 of 1997, the said order was set aside and the matter was remitted back for fresh consideration. Pursuant to the remand, the impugned order dated 29.08.2003 was passed by the Labour Court holding that the petition was not maintainable in view of the dispute raised as to the very entitlement of the petitioner to claim the said differential wages. Needless to state, under Section 33-C(2) of the Act of 1947, the Labour Court can only undertake computation of the monetary benefit which the workman is entitled to receive and it is only a dispute as to the quantum of the amount involved, that could be decided by the Labour Court in exercise of its jurisdiction under Section 33-C(2) of the Act of 1947. When the very entitlement of the petitioner is open to doubt in the present case, the action of the Labour Court in dismissing the application filed by the petitioner under the said provision of law, is unassailable. The writ petition is therefore devoid of merit and is accordingly dismissed. However, it is left open to the petitioner to invoke such remedies as are available to him in law in respect of this cause of action. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J 30TH OCTOBER, 2009 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1341 OF 2004 30TH OCTOBER, 2009