Honble YADAV, J.–The present writ petition has been filed against the award dated 30th of April, 1994 passed by Labour Court, Bikaner-respondent No.1, directing the petitioners under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act of 1947) to pay Rs.12,689/- as arrears of salary to respondent No.2, Bhagwat.

(2). The facts relevant for decision of this petition can be briefly Stated as under:

(3). The respondent No.2 claimed himself to be Garden Supervisor in the proceedings under sub-sec.(2) of Sec.33-C of the Act of 1947, on the other hand according to the petitioners, he was appointed as a `Mali Grade-II in the Depart- ment. In the aforesaid proceedings before Labour Court, Bikaner it is alleged by respondent No. 2, Bhagwat that he is entitled for regular monthly pay-scale of Rs. 295-500 whereas according to the petitioners his monthly pay-scale was inadvertently fixed Rs. 295-500 in place of Rs.240-370 which was detected in audit report and excess payment of salary to him was ordered to be recovered from him against which Union of workman Bhagwat respondent No.2 raised dispute under the Act of 1947. In the said proceedings C

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