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Judgment
Heard learned counsel for the parties. The appellant approached the Labour Court u/s 33(2)(c) of the Industrial Disputes Act and the Industrial Disputes Tribunal without examining the scope u/s 33(2)(c) has decided the dispute with respect to the entitlement of the appellant of the wages and declared that he is entitled to the wages at par with the wages of another employee, namely, S.P. Dubey and also declared that the procedure adopted by the employer for calculating the benefits due to workman was also wrong.
The learned Single Judge relied upon the judgment of the Supreme Court delivered in the case of Municipal Corporation of Delhi Vs. Ganesh Razak and Another, and held that the Labour Court in exercise of its jurisdiction u/s 33(2)(c) could not have passed the order and rightly set aside the order passed by the Labour Court under purported exercise of jurisdiction u/s 33(2)(c) of the Industrial Disputes Act, 1947.
We do not find any illegality in the order passed by the learned Single Judge and the L.P.A. is dismissed. However, whatever direction has been given by the learned Single Judge after holding so with respect to the petitioner''s entitlement of the wages without comparing it with the respondent no. 2 is concerned, we are not making any observation nor we are setting aside the said decision of the learned Single Judge.