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Judgment
Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers:-
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.
The application u/s 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 u/s 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 from the date of production of a copy of this judgment by the petitioners before the 4th respondent.
The writ petition is disposed of, so also the pending application(s), if any.