ORDER

Pursuant to this Court s judgment in Surinder Singh v. Engineer-in-Chief, CPWD1 the appellants admittedly have been paying salary to the daily-rated employees in the regular scale of pay. The dispute in this case, however, is confined to the period from the date of employment till 31-3-1987, i.e., the period prior to the date on which the decision in Surinder Singh case1 was implemented.

2. Mr. P.P. Malhotra, learned Senior Counsel appearing on behalf of the appellant contended that unless there was an adjudication of the rights of the respondents to receive their salary in the regular scale of pay, their application under Section 33-C(2) of the Industrial Disputes Act could not have been entertained and the Labour Court was not justified in allowing the application. He has relied upon the decision of this Court in Municipal Corpn. of Delhi v. Ganesh Razak2 in which it was laid down that the Labour Court has no jurisdiction to first decide the workmen s entitlement and then proceed to compute the benefits so adjudicated on that basis in exercise of its power under Section 33-C(2) of the Act. It was also pointed out that it is only when the entitlement has been earlier adjudic