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SURAJ GOVINDARAJ
Management of Dr. Ambedkar Para Medical Education Society (R) – Appellant
Versus
Shambhu Gowda, S/o. Late Hucheche Gowda – Respondent
ORDER :
1. The petitioner-employer is before this Court seeking for the following reliefs :
ii. Set aside the Order dated 11.01.2022 passed by the Hon’ble Presiding Officer, Labour Court, D.K. Mangaluru in Application No.01/2014 produced as Annexure-A.
2. The Labour Court, Dakshina Kannada, Mangaluru by way of order dated 11.1.2022 in application No.1/2014 had passed the following order :
The application filed under section 33(C) (2) of Industrial Disputes Act, 1947 is allowed in part.
The Applicant is entitled for salary at the rate of Rs.3,000/-per month from 22.06.2000 to 31.05.2007 from the respondent. The applicant already received part of such salary shown in Ex.A15 and therefore, the amount already paid has to be deducted and remaining amount is to be paid by the respondent to the applicant along with interest at the rate of 9% per annum. Such interest has to be calculated whenever each month salary falls due.
The applicant is entitled for salary at the rate of Rs.5,000/-per month from 01.06.2007 to 31.12.2007. The applicant already received part o
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
Section 33(C) of I.D Act is reproduced recovery of money due from an employer.
The main legal point established in the judgment is that the Labour Court has the jurisdiction to entertain a recovery application under Section 33(C)(2) of the Industrial Disputes Act when the claim....
The main legal point established in the judgment is that an application under Section 33-C(2) of the Industrial Disputes Act, 1947, requires a pre-existing right or an award passed by a competent cou....
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....
Discharged workers can claim benefits under S. 33 - C(2) of the Industrial Disputes Act before the Labour Court.
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