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1983 Supreme(SC) 237

A.V.VARADARAJAN, D.A.DESAI, O.CHHINNAPPA REDDY
Goverdhan Prasad – Appellant
Versus
Management Of Indian Oxygen LTD. – Respondent


Advocates:
A.K.VERMA, D.N.Mishra, J.MEHRA, J.RAMAMURTHY, O.C.MALHOTRA, R.VAIGAI, S.GHOSH

JUDGMENT

 This appeal by special leave arises out of an order of the Labour Court, Delhi in L. C. A. No. 7/77 by which the application made by the ten workmen employed by the respondent-Indian Oxygen Ltd. (Company for short) and stationed at Ghaziabad under Section 33-C (2) of the Industrial Disputes Act was rejected upholding the preliminary objection raised on behalf of the company. The preliminary objection raised on behalf of the respondent was that an application under S. 33-C (2) of the Industrial Disputes Act was not maintainable because the relief claimed is not merely a monetary computation of an existing benefit but it is a substantive demand for changing the dearness allowance formula applicable to the applicant-workmen. After upholding the preliminary objection raised on behalf of the respondent-employer Company, the Labour Court dismissed the application. Hence this appeal by special leave.

2. A mere narration of factual matrix would expose the utter hollowness of the preliminary objection raised on behalf of the respondent. Ten workmen who applied for monetary computation of existing benefit, namely, that the dearness allowance formula applicable to them was the one aw








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