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1967 Supreme(SC) 211

V.BHARGAVA, J.M.SHELAT, C.A.VAIDIALINGAM
Chief Mining Engineer, East India Coal Company, LTD. , Bararee Colliery Dhanbad – Appellant
Versus
Rameshwar – Respondent


Advocates:
D.N.GUPTA, H.R.GOKHALE, JANARDAN SHARMA

Judgement

SHELAT, J. : These appeals by special leave arise out of applications filed by workmen of the Appellant-company claiming bonus under the Scheme framed by the Central Government under the Coal Mines Provident Fund and Bonus Schemes Act, 46 of 1948 and railway fares and leave wages under the award of the Industrial Tribunal (Colliery Disputes) which came into effect as from February 22, 1954. The Central Government Labour Court at Dhanbad allowed their claim under Section 33-C (a) of the Industrial Disputes Act, 1947.

2. Mr. Gokhale for the appellant-company challenged the correctness of the Labour Court s decision and raised the following contentions :-

(1) that the Labour Court had no jurisdiction to try these applications under Section 33-C (2) :

(a) because Section 33-C (2) contemplates recovery of money payable under an award, settlement or under the provisions of Chapter V-A of the Industrial Disputes Act only and not under any other statute or scheme framed thereunder;

(b) that under Section 33-C (2) the benefit capable of being computed in terms of money is a non-monetary benefit and not a claim for money itself; and

(c) that the proceedings under Section 33-C (2) being i




























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