JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Heard Sri Anand Srivastava, learned counsel for the petitioner and Sri Swapnil Kumar, learned counsel appearing for Respondent No.3.

2. The present petition seeks to challenge the order dated 15.04.2019 passed by the Presiding Officer, Labour Court (1st), U.P. Kanpur Nagar in Misc. Case No. 08/2018 (Chandrabhal Mishra vs. U.P.S.I.D.C.) whereby the application filed by the petitioner under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short 'the Act') has been rejected.

3. The records of the case indicate that an application under Section 33-C (2) of the Act was filed by the petitioner claiming that he was entitled to promotion on a higher post from the date on which his juniors had been promoted and further claiming computation of the difference of wages in respect of the promotional post. A chart had also been appended along with the application in respect of the claim for difference of wages which would have been admissible had he been granted promotion to the higher post.

4. The aforementioned claim had been sought to be put forth by the petitioner on the basis of an earlier judgment of this Court dated 9.11.2004 passed in Specia