DECISION ' This is an appeal against the order of the Labour Court ordering the issuance of Identification Card to the respondent from the date of his first appointment as prayed by him.
2. The respondent was in the service of the appellant since 1954. He was denied certain benefits and, therefore, he made an application under section 25-A, I. R. O. To the Junior Labour Court. His application was granted. Against that order an appeal was filed in the Labour Court and the order was modified to the extent that since the respondent, for the first time made his grievance by a letter dated 1st February, 1973, he would be entitled to the benefits of bonus and other kinds of leaves from that date only. This order was passed on 26th January, 1974.
3. Subsequently, an Identity Card was issued in which the employment of the respondent was shown to be from 1st February, 1973. The respondent however, claimed that the date of his employment should have been shown from 1st January, 1954. Consequently, he approached the Labour Court by making an application under section 25-A, I. R. O. After serving the grievance notice. He also claimed gratuity from 1954 to 1974.
4. The application was resisted and it was pleaded that the respondent was in the employment of the contractors and ho was not entitled to any benefit as already held and his date of appointment could only be the date when the previous order of the Junior Labour Court was passed.
5. The Labour Court rejected the claim for gratuity as this can be granted after retirement, but he allowed the prayer of the respondent that the date of appointment be shown in the Identity Card as 1st January, 1954 when he was first appointed. Aggrieved by the last direction, the present appeal was filed.
6. On perusal of the record and proceedings and hearing the arguments I find no force in the appeal which has been filed. There can be no manner of dispute that the respondent was in the employment of the appellant since 1st January, 1954, and, therefore, it was necessary that the date of appointment of the respondent should have been shown to be the same as the date when he was actually appointed and not the date when the previous order was passed by the Junior Labour Court. The contention raised on behalf of the appellant that the respondent was in the employment of the contractors has no force as it was rejected in the previous proceedings which operate as res judicata. The plea cannot be allowed to be re-agitated.
7. The learned counsel for the appellant, however, expressed an apprehension that by showing the original date of service, the respondent would claim various benefits from 1st January 1954. This apprehension has also no basis as in the previous proceedings it was decided that the respondent was entitled to the benefits of bonus and other kinds of leaves since 1st February 1973. Apparently, these benefits prior to 1st February 1973 cannot be claimed. So far other benefits are concerned, there may be some genuine apprehension and to allay the apprehension the appellants shall be at liberty to raise the plea of limitation and all other legal as well as factual pleas which may be open to them.
8. In result the appeal is dismissed,