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CASE NO.: Appeal (civil)  2042 of 2008

PETITIONER: PUNJAB STATE ELECTRICITY BOARD AND ORS

RESPONDENT: AVTAR SINGH

DATE OF JUDGMENT: 12/03/2008

BENCH: S.B. SINHA & P.P. NAOLEKAR

JUDGMENT: JUDGMENT O R D E R CIVIL  APPEAL  NO. 2042 OF 2008 [Arising out of SLP(C) No.5691/2006]

       Leave granted.         Having heard the learned counsel for the parties, we are of the opinion that the  application under Section 33C(2) of the Industrial Disputes Act, 1947 was not  maintainable.           Learned counsel appearing on behalf of the respondent very fairly states before us  that the issue which was raised before the Labour Court was as to whether despite the  availability of the workmen, the appellant-Board could refuse to take any work from  them without issuing any order of termination of their services. Such an issue, in our  opinion, could be the subject matter of an industrial dispute warranting  reference by  the appropriate Government in terms of Section 10 of the Industrial Disputes Act.  In  that view of the matter, a proceeding under Section 33C(2) of the Industrial Disputes  Act was not maintainable.                                 -2-

       However, the learned counsel appearing on behalf of the respondent also very fairly  states that subsequently, an industrial dispute has been raised. If that be so, the  contention of the respondent that the appellant-Board was bound to pay his salary for  the period from June, 1997 to November, 1999 undisputedly would fall for  consideration in the said reference case, being ancillary to the said reference.           The appeal is allowed with the aforementioned observation and direction. No costs.