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1961 Supreme(Bom) 27

Y.V.CHANDRACHUD, D.V.PATEL
Abdul Rahaman D. Lambe and Anr – Appellant
Versus
R. N. Kulkarni and Anr. – Respondent


JUDGMENT - Patel, J.

(1) Petitioner No. 1 in this case is an employee of the Victoria Lamp Works, at Bombay. Petitioner No. 2 is the Union of which petitioner No. 1 is a member. Alleging that he was in service for 11 years, and that at the time in question, i.e. on the 10th of November 1960, he was earning Rs. 2-8-0 a day, that by closure notive dated 10th October 1960, his services along with that of others were terminated from 10th October 1960, and no payment was made due to him under the provisions of S. 25-FFF of the Industrial Disputes Act, he made an application under S. 33-C (2) of the Act for determination of the amount due to him. This application was made to the aLabour Court constituted under the Industrial Disputes Act, 1947. The Opponent contested the application contending that the payments were already made and in any case the court had no jurisdiction to deal with the matter. The Court framed two preliminary points for its decision as follows;

"(1) Whether this court has jurisdiction to entertain these applications under S. 33-C(2) of I.F. Act?

(2) Whether the certificates as prayed for can be issued?"

(2) In support of the contention that the court had jurisdiction, t






















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