IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :35218 of 1998 Dated: 23rd January 2008. Between: V.Subbanna, Driver, 63 years, R/o. H.No.1/306, Yerramukkapalli, Cuddapah. ..... PETITIONER AND The Industrial Tribunal-cum-Labour Court, Anantapur and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.35218 OF 1998 ORAL ORDER: The writ petitioner, who worked with the Industries and Commerce Department as a Driver, has moved the Industrial Tribunal-cum-Labour Court, Anantapur in M.P.No.97 of 1994 seeking payment of a sum of Rs.1,44,000/- under Section 33-C(2) of the Industrial Disputes Act (henceforth referred to as ‘the Act’). The Labour Court, after conducting a thorough enquiry into the matter, has found that there is no merit in the claim made by the petitioner. He had retired from service after attaining the age of superannuation on 30-06-1993. Earlier, he had moved the A.P. Administrative Tribunal complaining that his pay was erroneously fixed and that he is entitled for the benefit of pay revision properly, but, the said claim has been rejected by the Tribunal. Section 33-C(2) of the Act can be invoked only in such cases, where the entitlement for money is ascertained. In the instant case, a properly constituted legal forum, which went into the question, has held that the petitioner is not entitled for the benefit solicited by him. Since, the very entitlement to receive the quantum of money solicited by him is under doubt and dispute, Section 33-C(2) of the Act is not the appropriate provision of law to be invoked. Therefore, the conclusion drawn by the Tribunal, that the application deserves to be dismissed, has to be upheld. Consequently, there are no merits in this writ petition and the same is, accordingly, dismissed, but however, without costs. The petitioner is entitled to seek appropriate remedy to secure the benefits of pay fixation because of revision of pay scales from a proper forum. -------------------------------- Nooty Ramamohana Rao, J 23rd January 2008 mrk