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K. MANMADHA RAO
Regional Manager – Appellant
Versus
Kareti Tirupathi – Respondent
ORDER :
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
2. Heard Mr. Solomon Raju Manchala, learned counsel for the petitioner; Mr. N. Sriram Murthy, learned counsel for the 1st respondent and Mr. T. Balaji, learned Standing Counsel for the respondents 2 and 3.
3. The petitioners herein are the respondents 1, 2, 5 and 6; 1st respondent herein is the petitioner; respondents 2 and 3 are the respondents 3 and 4 in M.P.No. 3 of 2015 on the file of 4th respondent herein (in short ‘the Tribunal’)
4. The precise case of the petitioner is that the 1st respondent herein filed a petition before the tribunal under Section 33-C(2) of the Industrial Disputes Act, 1947 to compute due amount of Rs. 9,70,755/- towards EPF encashment of Earned Leave for 15 days in 2008-09
Claims under Section 33-C(2) of the Industrial Disputes Act must be based on pre-existing rights, and the tribunal's jurisdiction is affirmed in determining such claims.
The Labour Court has jurisdiction to hear claims under Section 33(C)(2) of the Industrial Disputes Act, affirming employee rights to leave encashment as a property interest without valid statutory lo....
The main legal point established in the judgment is that approved and registered by-law amendments create a pre-existing right for employees to claim benefits, and the delay in claiming monetary bene....
The right to encash earned leave is a property right protected under the Constitution, and depriving an employee of this right without valid statutory provision is impermissible.
The central legal point established in the judgment is the requirement of a pre-existing right and entitlement of the employees as a prerequisite for entertaining a Claim Petition under Section 33 (C....
The Labour Court lacks jurisdiction to adjudicate bonus claims under the Payment of Bonus Act, 1965, as they are not covered by the Second Schedule of the Industrial Disputes Act, 1947.
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