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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAHESWARA RAO KUNCHEAM
Chejerla Primary Agricultural Cooperative society – Appellant
Versus
State of A P, rep. by its Prl secretary Agri. & Coop. Department – Respondent
| Table of Content |
|---|
| 1. writ petition under article 226 for certiorari. (Para 1 , 2) |
| 2. background of worker's suspension and claims. (Para 3 , 4 , 5) |
| 3. petitioner's contention on labour court's jurisdiction. (Para 6 , 7 , 8) |
| 4. labour court's jurisdiction under section 33(c)(2). (Para 9 , 10) |
| 5. scope of high court's review under article 226. (Para 11 , 12) |
| 6. writ petition dismissed. (Para 13 , 14) |
ORDER :
This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following main prayer:
“to issue any writ or order or direction particularly a writ of certiorari by calling for the records of the 2nd Respondent pertains to MP No. 06 of 2006 dated 14.12.2015 on the file of the Labour Court, Guntur, Guntur District and allow the same, duly setting aside the order of the 2nd Respondent in MP No. 06 of 2006 dt.14-12-2015 passed therein and quash the same as being illegal, irrational and without authority of law and consequently set aside the said orders of 2nd Respondent and to pass”
2. Heard arguments of Sri V.Siva Prasad Reddy, learned counsel for the petitioner. The workman filed Miscellaneous Petition vide M.P.No.6 of 2006 on the file of the Presidin
The Labour Court is limited to interpreting existing awards or settlements and cannot adjudicate disputes without prior recognition of claims, as per Section 33(C)(2) of the Industrial Disputes Act.
In an application under Section 33(C)(2) of Industrial Disputes Act, Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or basis of claim of workmen – It can only interpret....
The main legal point established in the judgment is that the Labour Court cannot entertain claim petitions and adjudicate the merits and demerits of the rights of the workman under Section 33(C)(2) o....
A Labour Court lacks jurisdiction to adjudicate without explicit specification by the State Government under Section 33-C(2) of the Industrial Disputes Act.
Section 33C(2) is more comprehensive than Section 33C(1). Section 33C(2) applies not only to cases of settlement or award or cases under Chapter VA of the Act, but to other cases as well. By a proces....
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