Intermediate wage grade entitlement upheld where duties matched the agreed category and estoppel did not bar the claim.
Employees were held entitled to the intermediate wage grade under clause (5) of the agreement because their duties fit the category between a full-fledged clerk and an operative. Their claim was not barred by estoppel, as earlier proceedings did not amount to a claim that they were clerks, and the later agreement, being subsequent in time, varied the earlier award by mutual consent to the extent of inconsistency. The Court also declined interference under Article 136, since the substantive entitlement was correct on the merits and no failure of justice was shown.
Issues: (i) whether the employees were entitled, on the nature of their duties, to be placed in the intermediate wage grade provided by clause (5) of the agreement and whether their claim was barred by estoppel because of earlier proceedings; (ii) whether interference under Article 136 of the Constitution of India was warranted when no failure of justice was shown.
Issue (i): whether the employees were entitled, on the nature of their duties, to be placed in the intermediate wage grade provided by clause (5) of the agreement and whether their claim was barred by estoppel because of earlier proceedings.
Analysis: The agreement made between the parties created a separate scale for employees occupying a position lower than a full-fledged clerk but higher than an operative, and the employees' consistent case was that they fell within that intermediate category. Their earlier proceedings did not amount to a claim that they were clerks, and the prior labour court decision proceeded on a misapprehension of their demand. The agreement, being later in point of time, varied the earlier award by mutual consent to the extent of inconsistency, and therefore the plea of estoppel could not succeed. On the merits, the employees' duties brought them within the intermediate grade contemplated by clause (5).
Conclusion: The claim to the intermediate wage grade was maintainable and was not barred by estoppel; the employees were entitled to the benefit of clause (5).
Issue (ii): whether interference under Article 136 of the Constitution of India was warranted when no failure of justice was shown.
Analysis: Even assuming some force in the objection as to jurisdiction, the matter had been examined on merits by the Authority and the High Court had declined to interfere. In the circumstances, where the substantive conclusion on entitlement was found to be correct and no failure of justice was demonstrated, there was no sufficient ground for the Court to exercise its extraordinary appellate jurisdiction.
Conclusion: Interference under Article 136 was declined.
Final Conclusion: The employees' entitlement under the agreement was upheld and the appeal failed because no ground was made out for disturbing the High Court's refusal to interfere.
Ratio Decidendi: Where the substantive result is just and correct on the merits, the Court may refuse to exercise jurisdiction under Article 136 in the absence of failure of justice, even if a jurisdictional objection is arguable.
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