IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2133 of 2010. Decided on: 9th December, 2011. 1. Om Prakash Kharka, S/o late Sh. Hastoo, Resident of village Ratamata, Ward No.6, P.O. Ghate Khola, Tehsil Tulsipur, District Dang, Ratti, Anchal, Nepal, presently residing C/o Sher Singh, Gora Sarai, Krishana Nagar, Cart Road, Shimla, Himachal Pradesh, who is GPA of all the petitioners. 2. Kishan, 3. Savitra, 4. Vir Bhadur, 5. Deepa Tarnag, 6. Deep Khatri, 7. Tej Bhadur Khatri, 8. Meena Khatri, 9. Mast Ram Dagi, 10. Sita Dangi, 11. Sunil Veeka, 12. Krishana Veeka, 13. Roshan Podial, 14. Versha Podial, 15. Amar Sarki, 16. Shhela Sarki, 17. Dinesh Sharma, 18. Salig Ram Mohli, 19. Raju Veeka, 20. Gopal Podial, 21. Bhim Veeka, 22. Arjun Roka, 23. Ram Bhadur, 24. Kharka Bhadur, 25. Yagga Bhadur Ohli, 26. Sher Singh Khatri, 27. Romesh Joon, 2 28. Surinder Veeka, 29. Domar Kharka, 30. Lok Bhadur Klaasi, 31. Om Bahadur Khatri, 32. Inder Bhadur Veeka, 33. Asa Bhadur Khatri. (Petitioners No. 2 to 33 C/o petitioner No.1. …… Petitioners Versus 1. State of Himachal Pradesh through Secretary (Labour & Employment) to the Govt. of Himachal Pradesh, Shimla-2. 2. The Presiding Judge, Industrial Tribunal-cum-Labour Court, Shimla, District Shimla, H.P. 3. The Labour Commissioner, Himrus Bhawan Himland, Shimla-1, Himachal Pradesh. 4. The Labour Conciliation Officer/Labour Inspector, Rohru Circle, District Shimla, Himachal Pradesh. 5. Sh. Suresh Kumar Nagta, resident of VPO Shekhal, Tehsil Rohru, District Shimla, Himachal Pradesh. 6. Sh. Ajay Kumar Sauhta, resident of village Dhar, P.O. and Tehsil Jubbal, District Shimla, Himachal Pradesh. 7. Sh. Bhupinder Chauhan, resident of VPO Sheel, via Jubbal, Tehsil Jubbal, District Shimla, Himachal Pradesh. ….. Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioners : Ms. Archna Dutt, Advocate. For the Respondents : Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Additional Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- 3 “i) That the order dated 3.7.2006, passed by the Presiding Judge, Industrial Tribunal Shimla annexure P-2 may kindly be quashed and set aside with direction to the court below to decide the reference petition of the petitioners in accordance with the Industrial Dispute Act.” ii) That the respondents No. 5 to 7 may be directed to pay the wages of the petitioners as mentioned in annexure P-3 with interest @ 18% per annum in the interest of justice and fair play. 2. The application under Section 33-C(2) has been rejected as per Annexure P-2 orders passed by the Labour Court wherein, it has been rightly held that the invocation of Section 33-C(2) of the Industrial Disputes Act, 1947 can be held only for computation of the benefits already settled in the award or otherwise. Here is a case where the petitioners are actually making a disputed claim. In case the employer does not agree, the petitioners have to initiate the process under Section 10 of the Industrial Disputes Act. It is made clear that in the event of such dispute being pursued before the 4th respondent, the process for conciliation shall be initiated without delay and in case the conciliation process does not reach to any fruitful effect, the matter shall be reported to the Government immediately and thereafter, the Government shall consider the reference and will take a decision as to whether the dispute needs to be referred to Labour Court for adjudication of the dispute. The whole process shall be completed within a period of four months 4 from the date of production of a copy of this judgment by the petitioners before the 4th respondent. 3. The writ petition is disposed of, so also the pending application(s), if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 9th December, 2011. (Justice V.K. Ahuja), (kck) Judge.