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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Pawan Hans Limited – Appellant
Versus
Aviation Karmachari Sanghatana – Respondent
| Table of Content |
|---|
| 1. pawan hans limited's obligation under the id act. (Para 1 , 2) |
| 2. challenges to jurisdiction and lack of settlement. (Para 6 , 8 , 9) |
| 3. court’s analysis of authority's jurisdiction and application. (Para 10 , 11 , 16 , 22 , 25) |
| 4. principle for reviewing jurisdiction under article 227. (Para 20 , 26) |
| 5. writ petition dismissed with interim protection. (Para 28 , 29) |
SANDEEP V. MARNE, J.
1) Pawan Hans Limited has filed the present Petition under Articles 226 and 227 of the Constitution of India taking exception to the order dated 27 June 2022 passed by the learned Authority under Section 33-C (1) of the Industrial Disputes Act, 1947 (ID Act) directing issuance of a Recovery Certificate for amount due to the Respondent-Union amounting to Rs.5,80,75,659/- with interest at the rate of 10 % per annum.
2) Petitioner is engaged in the business of providing Helicopter services and functions under the Ministry of Civil Aviation of the Government of India. It has employed about 275 regular employees and 305 fixed-term contract employees. It appears that there are two unions formed by the regular employees viz. All India Civil Aviation Employees Union (AICAEU) and Civil
The authority's order under Section 33-C(1) was valid as the employer failed to dispute the existence of a relevant settlement, maintaining wage parity between contractual and regular employees in li....
The appropriate government lacks jurisdiction under Section 33C(1) to issue recovery orders without prior adjudication of the workers' claims, emphasizing that such claims must arise from recognized ....
Section 33C(2) of the Industrial Disputes Act enforces adjudicated wage claims, without re-examining eligibility; established employer-employee relations must be acknowledged.
The Settlement executed with the recognized Union becomes binding on all workmen, and the employer cannot deny the benefits of the Settlement to non-members of the recognized union. The recurring cau....
The central legal point established in the judgment is the applicability of Section 33-C(2) and Section 6H(2) in determining the entitlement of workmen to receive enhanced revised wages as per the Wa....
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