The short issue has arises for consideration is whether a Physical Training Instructor can invoke jurisdiction of the Labour Court under the provisions of section 33-C (2) of the Industrial Disputes Act, 1947 (for short the Act of 1947) for claiming difference of wages for the period prior to termination.

2. The relevant facts are that the respondent No. 1 claims to have been appointed as a Physical Training Instructor in view of his qualification of M.A., M.Com., B.P. Ed. According to him, he worked in the petitioner No. 2-Institution for the period from 1-7-1987 till 5-3-1992. According to him, he was entitled to be paid salary as well as bonus on fixed scale but however, he was initially paid an amount of Rs. 400/- per month and thereafter at the rate of Rs. 600/- per month from 1-7-1988. Hence, for recovering the amounts not paid, the respondent No. 1 filed proceedings under section 33-C (2) of the Act of 1947.

3. The petitioners in their reply raised an objection to the jurisdiction of the Labour Court. According to them, the respondent No. 1 was not a "workman" in terms of provisions of section 2 (s) of the Act of 1947 and hence, there was no jurisdiction with the Lab