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1997 Supreme(SC) 515

B.N.KIRPAL, J.S.VERMA
Tara – Appellant
Versus
Director, Social Welfare – Respondent


ORDER

1. These appeals by special leave are against an award of the Labour Court rejecting the applications made by the appellants under Section 33-C(2) of the Industrial Disputes Act, 1947 for payment of wages at the rate claimed by the appellants. The Labour Court, placing reliance on the decision of this Court in Municipal Corpn. of Delhi v. Ganesh Razak [(1995) 1 SCC 235 : 1995 SCC (L&S) 296 : (1995) 29 ATC 93] has held that the applications are not maintainable under Section 33-C(2) of the Act. Hence, these appeals by special leave.

2. There is no infirmity in the conclusion reached by the Labour Court on the basis of the decision of this Court in Ganesh Razak [(1995) 1 SCC 235 : 1995 SCC (L&S) 296 : (1995) 29 ATC 93] that the claim made by the appellants is not maintainable under Section 33-C(2) of the Act. This is obvious from the fact that the status and nature of employment of the appellants is itself disputed and unless there is a prior adjudication on merits of the status which is the foundation for making the claim for wages at the specified rates, the question of moving an application under Section 33-C(2) for computation of the wages does not arise. We find that the L

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