JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Learned Single Judge dismissing writ petition filed by it. Appellant had filed writ petition with the prayer to quash the order passed by the Presiding Officer, Labour Court, Dehradun in Misc. case No. 144 of 2001.

3. Background facts in a nutshell are as follows :

A claim petition was filed by the respondent No. 2 purported to be under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short the ‘Act’) for payment of arrears relating to difference of salary, leave encashment, arrears of dearness allowance arising out of implementation of the recommendations of the 5th Pay Commission. The Labour Court accepted the prayer and directed payment within a period of two months. Said order was challenged before the High Court by a writ petition.

4. Stand of the appellant before the High Court was that the application in terms of Section 33-C(2) was misconceived. The High Court took the view that the recommendations of 5th Pay Commission are binding on the appellant-corporation and, therefore, dues are payable.

5. Learned counsel for the appellant submitted that the scope and am