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SUBBA REDDY SATTI
Jairam Das Sons and Company – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
2. The case of the petitioner, in brief is that, petitioner is a partnership firm dealing with sale of bearings and tools. Respondent No.3 was employed in the shop and he retired from service of the petitioner shop on 11.11.2011. Respondent No.3’s account was settled with the petitioner and he is receiving pension from the Employees Provident Fund Organization as per the EPF Scheme, 1952.
3. Respondent No.3 got issued a legal notice, dated 10.02.2016 claiming Rs.5,44,945/- alleging that his services were terminated by oral statement and petitioner stopped
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
The principle of 'No Work, No Pay' applies only when an employee is out of service; it is inapplicable when the employee is willing to work but not utilized by the employer.
A writ petition cannot be maintained when an effective statutory remedy exists under the Employees Compensation Act, 1923.
Point of Law : when a statute gives a right and provides a forum of adjudication of rights, remedy has to be sought only under the provisions of that Act and the performance of the rights has to be e....
Employees must actively pursue reinstatement post-award; however, employers' refusal to act can diminish employees' obligations to report for work.
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