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The appellant was a driver in the service of Shri Bharathi Velu Bus Service. The vehicle, which he was driving on 19th December, 1970, collided with a lorry and caused damage to the lorry. Some persons travelling in his vehicle received injuries. He was arrested and later tried before the First Class Magistrate, Gudur. He was acquitted on 10th October, 1973; and his driving licence, which was seized immediately after the accident, was returned to him on 11th October, 1973. The route on which he was driving the vehicle of the Company, was nationalised in October, 1973. Thereafter, he came to be appointed by the Road Transport Corporation with effect from 12th October, 1973. He made an application before the Labour Court, Gudur, viz., M.P. No. 57 of 1974, under S. 25FF(c) of the Industrial Disputes Act, S. 15 of the Payment of Wages Act, and S. 42 of the Shops and Establishments Act, claiming from the Company where he was employed prior to his joining service under the Road Transport Corporation, salary from 19th December, 1970 to 11th October, 1973 at the rate of Rs. 191/- per mensem and gratuity of Rs. 6,500/- from 1969 to 1973. That application was resisted by his former employer. The Labour Court, however, allowed that application in part holding that he was entitled to three months'' pay as retrenchment compensation and back-wages of Rs. 6,500/- under S. 25(FFF) of the Industrial Disputes Act. The total amount directed to be paid by the employer was Rs. 7,070/-. Aggrieved by that order of the Labour Court, the ex-employer filed W.P. No. 5116 of 1975 questioning the jurisdiction of the Labour Court to grant the relief which it granted.
According to the writ petitioner, the remedy of the appellant lay in resorting to the provisions of the Payment of Wages Act by virtue of S. 25 of the Motor Transport Workers Act, and not by making an application under S. 33(C)(2) of the Industrial Disputes Act.
Our learned brother Raghuvir, J., having regard to the view expressed by a Division Bench of this Court in A. B. Saleem v. The Labour Court, Hyderabad 1973 (2) APLJ 40 Short Notes of Recent Cases, held that the petition filed by the appellant before the Labour Court under S. 33-C(2) of the Industrial Disputes Act is not maintainable and the appellant has to seek relief only before the forum under the Payment of Wages Act. It is against that judgment that the Writ Appeal has been filed.
The decision in A. B. Saleem v. The Labour Court Hyderabad (supra) was distinguished by another Division Bench of this Court, to which one of us was a party, in M. Krishnaswamy v. Assam Tea Depot 1976 (1) APLJ. 291), on the ground that decision was rendered by the Division Bench on a concession made and that in addition, the attention of the learned Judges was not invited to S. 63 of the Shops and Establishments Act. Subsequently, in The Visakhapatnam District Marketing Cooperative Society Ltd. Vs. Government of Andhra Pradesh and Others, , where a question arose as to whether a workman should put in his claim under S. 20 of the Minimum Wages Act or under S. 33-C(2) of the Industrial Disputes Act, another Division Bench of this Court referred to the above two decisions and, having noticed the divergent views expressed by the two Division Benches, referred the question in the case to a Full Bench. But, the Full Bench did not resolve the conflict on the ground that the question did not arise in the case before them.
As the question raised in this appeal viz., whether the remedy under S. 33-C(2) of the Industrial Disputes Act is barred in view of the provisions of S. 15 of the Payment of Wages Act, arises quite often, we are of the opinion that the conflict between the two Division Benches should be finally resolved. The Writ Appeal will, therefore, be posted before a Full Bench for its decision.
This appeal coming on for final hearing in pursuance of the order of the High Court dated 7th December, 1977 and made herein and upon perusing the grounds of appeal and the order dated 7th December, 1977, and the order of the High Court, 9th December, 1975 and made in W.P. No. 5116/75 and upon hearing the arguments of Mr. V. Narasimha Rao, Advocate for the appellant and of Mr. G. Suryanarayana, Advocate for the Respondent No. 1 and of the Government Pleader for Industries on behalf of the Respondent No. 2, the Court delivered the following Judgment :-