On the application of respondent 2 under S. 33C(2) of the Industrial Disputes Act, 1947, the labour court, Coimbatore, found that he was a fitter from January 1956, among the staff of the petitioner, and that, as such, he was entitled to salary on the scales Rs. 44-11-0 to Rs. 64-11-0 and to his first increment on 1 October 1958, and computed his total benefit upto 30 September 1959 at Rs. 316-8-0. This petition by the management under Art. 226 of the Constitution to quash that order. The main contention of the petitioner, which appears to be one of its objections before the labour court but the not particularly decided by that Court, is that the question, whether respondent 2 was a fitter, as claimed by him or only a fitter-helper, as the management would have it, was not within the purview of the application under S. 33C(2) of the Act. Apparently, the labour court proceeded on the view it had jurisdiction to decide the issue

The respondent 2 was entertained by the petitioner, which is a textile mill at Coimbatore, as a temporary worker on 17 January 1954, and was made permanent from 1 January 1956 in the mechanical shop department. Before that time he was in the lowest