JUDGMENT 1. - The instant writ petition has been filed against the order dated 30-5-1994, contained in Annexure-3 to this petition, passed by the Labour Court in its power under S. 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred as "the I.D. Act"). 2. The facts and circumstances giving rise to this petition are that respondent-workman claims that he was appointed on the post of Munshi Grade-II since 2-12-82 but he was regularly discharging the duties of Munshi Grade-I (Lower Division Clerk) and he had been denied the emoluments for the post of Munshi Grade-I. With these allegations, respondent-workman filed an application under S. 33-C(2) of the I.D. Act. Petitioner controverted and categorically denied the assertions made by the workman and it was urged by the petitioner that respondent-workman had never discharged the duties of Munshi Grade-I. Its case had been that the workman was engaged on daily wages on muster roll basis and on completion of two years in service, he was conferred with the semi-permanent status on the post of Beldar under the Work Charge Rules, 1964. It was also urged by the petitioner before the Labour Court that there was an agreement dated 21-1-1989 in force, according to which twenty-five per cent vacancies on the post of Munshi Grade-I were filled up from senior-most persons in Beldar cadre and remaining like the respondent No. 1 were appointed on the post of Munshi Grade-II. Petitioner, also, raised an objection before the Labour Court regarding maintainability of the said application. However, after adjudicating the matter, the Labour Court allowed the application of the workman and directed the petitioner to pay the difference of salary between the pay scales of Munshi Grade-II and Munshi Grade-I with effect from 1-4-85 to 30-6-1990. Hence this petition. 3. Heard Mr. R.P. Vyas, learned counsel for the petitioner and Mr. D. K. Parihar, learned counsel for respondent-workman. 4. This Court has decided S.B. Civil Writ Petition No. 3345/1993. Hence this petition. 3. Heard Mr. R.P. Vyas, learned counsel for the petitioner and Mr. D. K. Parihar, learned counsel for respondent-workman. 4. This Court has decided S.B. Civil Writ Petition No. 3345/1993. Superintending Engineer, Zhakam Project, Circle Udaipur v. Ramesh Chandra, vide judgment and order dated 30-3-1998 , wherein, after placing reliance on various judgments of the Hon'ble Supreme Court, particularly in Central Bank of India Ltd. v. P.S. Rajgopalan, AIR 1964 SC 743 ; Bombay Gas Company Ltd. v. Gopal Bhiva, AIR 1964 SC 752 ; Sri Ambica Mills Company Ltd. v. S.B. Bhatt, AIR 1961 SC 970 ; Punjab National Bank v. K. L. Kharbanda, AIR 1963 SC 487 ; Kay's Construction Company Ltd. v. State of U.P., AIR 1965 SC 1488 ; Sawatram Ramprasad Mills Company Ltd. v. Baliram Ukandaji, AIR 1966 SC 616 ; U.P. Electricity Company v. R.K. Shukla, AIR 1970 SC 237 ; R.B. Banshilal Abirchand Mills Company Pvt. Ltd. v. The Labour Court, AIR 1972 SC 451 ; National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579 ; Central Inland Water Transport Corporation Ltd. v. Workman, AIR 1974 SC 1604 ; M/s. Punjab Beverages Pvt. Ltd. v. Suresh Chandra, AIR 1978 SC 995 ; P.K. Singh v. Presiding Officer, 1988 (3) SCC 457 : ( AIR 1988 SC 1618 ) ; Municipal Corporation of Delhi v. Ganesh Rajak, 1995 (1) SCC 233 ; Nilpur Tea Estate v. State of Assam, 1996 (1) SCC 60 ; Fabriel Gasusa v. Labour Commissioner, 1997 (3) SCC 150 ; Union of India v. Gurbachan Singh, 1997 (5) SCC 59 : ( AIR 1997 SC 2641 ) and Chief Superintendent, Government Live Stock Farm, Hissar v. Ramesh Kumar, 1997 (11) SCC 363 , came to the conclusion that such a claim cannot be entertained by the Labour Court in its jurisdiction under S. 33-C (2) of the I.D. Act for the reason that the issue had never been settled by adjudication nor it has been recognised by the employer and in absence of such a precondition, it could not have been entertained by the Labour Court. Proper course to get the regular pay scale of Munshi Grade-I, for the respondent-workman could have been approaching the appropriate forum and one of such forum may be Labour Court wherein a reference under S. 10 of the I.D. Act such issue could be adjudicated. 5. Proper course to get the regular pay scale of Munshi Grade-I, for the respondent-workman could have been approaching the appropriate forum and one of such forum may be Labour Court wherein a reference under S. 10 of the I.D. Act such issue could be adjudicated. 5. In view of the above, the writ petition succeeds and is allowed. The impugned Award dated 30-5-94, contained in Annexure-3, is set aside. The parties are left to bear their own costs.Petition allowed. *******