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1987 Supreme(Kar) 201

S.G.DODDAKALE GOWDA
MAMTAJ GAFFAR MULLA – Appellant
Versus
VILAS BEEDI FACTORY – Respondent


( 1 ) RULE.

( 2 ) PETITIONERS have challenged the validity of Order, dated 19th January 1983 passed on application Nos. 12 and 4 of 1980 dismissing their applications under Section 33-C (2) of the industrial Disputes Act as not maintainable.

( 3 ) PETITIONERS through their applications filed under Section 33-C (2) of the Industrial Disputes act sought for computation of the leave wages and the national and festival allowances etc. On a preliminary objection raised by the Management, the Labour Court has held thus :-

"if that is so, the 'private Dwelling house' will not be an industrial premises. Similarly it cannot be a 'beedi Industrial Premises' also under the State Act unless it is included in the definition of the 'beedi Industrial Premises' in the State Act. . . . . . . However I am unable to agree with the argument of Mr. Apte that simply because it is excluded in the Central Act, and not so in the state Act, it should be taken that the provisions of the Industrial Disputes Act can be invoked by the home workers also for any relief under Section 33-C (2) of the. D. Act. If the Central Act is express, the State Act is silent. "

No doubt, as observed by Labour Court, both Karn





























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