P.K. SINGH AND OTHERS versus PRESIDING OFFICER & OTHERS

P.K. SINGH AND OTHERS versus PRESIDING OFFICER & OTHERS

By merely performing the same work as a senior grade workman, a junior grade workman is not entitled to senior grade wages under section 33-C(2) unless duly promoted; the relief sought requires an existing right and not mere similarity of duties.

Parties
Appellants: P.K. Singh and Others; Respondents: Presiding Officer & Others
Jurisdiction
India
Judgment Date
15 July 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From Central Govt. Industrial Tribunal Cum Labour Court Judgment
Outcome
Appeal dismissed
Legal Topics
Industrial Disputes, Wages, Reclassification of Workmen, Section 33 C(2) of Industrial Disputes Act
Labour Law Industrial Law Industrial Disputes Wages Reclassification of Workmen Section 33 C(2) of Industrial Disputes Act

Case Brief

Summary, issues, holding and outcome

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Parties

P.K. Singh and Others

Appellants

Presiding Officer & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Central Govt. Industrial Tribunal Cum Labour Court Judgment

Legal Issues

  1. 1 Whether 'C' Grade Fitters performing duties similar to 'B' Grade Fitters can claim wages of 'B' Grade Fitters under section 33-C(2) of the Industrial Disputes Act, 1947

Ratio Decidendi

By merely performing the same work as a senior grade workman, a junior grade workman is not entitled to senior grade wages under section 33-C(2) unless duly promoted; the relief sought requires an existing right and not mere similarity of duties.

Court Disposition

Appeal dismissed

Orders

  • There will be no order as to costs.
  • It is open to the workmen to seek a reference under section 10 of the Act.