RAM KALA v. ADHISHASHI ABHIYANTA, GANG NAHAR DIVISION, MUZAFFARNAGAR
2002-09-02
ANJANI KUMAR
body2002
DigiLaw.ai
ANJANI KUMAR, J. ( 1 ) BY means of this writ petition, under article 226 of the Constitution of India, the petitioner has challenged the order dated 11/02/1998 passed by the Labour Court, u. P. Meerut, respondent No. 3. ( 2 ) THE petitioner filed an application before the Labour Court, Meerut under Section 33- (C) (2) of the Industrial Disputes Act, 1947 for getting the benefit of the Government Order no. Ve-Aa. 1-1763/10-39 (M)/89 dated 3/06/1989 as he has completed 16 years of service and he is entitled for getting the selection grade. ( 3 ) THE employer, respondent, filed his reply stating therein that the workman does not fulfil the requisite conditions of the government Order dated 3/06/1989 and there is a bona fide dispute with regard to the selection grade to be given to the petitioner as he has been awarded an adverse remark, as such he has not been given the benefit of the selection grade. ( 4 ) THE Labour Court after considering the case as set up by the workman came to the conclusion that since the petitioner has been awarded adverse remark and he does not fulfil the conditions of the Government order dated 3/06/1989, therefore, he is not entitled for selection grade, so the application filed by the petitioner under the aforesaid Act, is rejected. ( 5 ) LEARNED counsel for the petitioner, Sri y. K. Sinha, argued before the Court that the labour Court has committed an error for not giving the benefit of the Government order dated 3/06/1989 to the workman-petitioner and argued that the petitioner has already completed 16 years of service, he tried to assail the findings recorded by the Labour court on this aspect also. ( 6 ) IN my opinion, the Labour Court has rightly held that whether the petitioner is entitled for getting the selection grade or not as per conditions of the Government Order dated 3/06/1989, is a bonafide dispute with regard to the entitlement of the workman-petitioner for getting the selection grade. Therefore, the application filed by the petitioner under Section 33-C (2) of the Industrial Disputes Act is not maintainable. ( 7 ) IN view of what has been stated above, this Court refuses to exercise its discretionary powers under Article 226 of the Constitution. ( 8 ) THE writ petition is devoid of any merit. It is accordingly dismissed. .