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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Pawan Hans Limited – Appellant
Versus
Aviation Karmachari Sanghatana – Respondent
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 Aviation Technical Employees Union (CATEU). It appears that the Petitioner executed Memorandum of Settlement dated 21 August 2019 with AICAEU agreeing for wage revision from 1 January 2017. Similarly, a separate settlement was executed with CATEU on 21 August 2019 for wage revision with effect from 1 January 2017. While the wages of the regular employees of the two Unions were revi
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....
provision specifically provides that for computing the money value of a benefit accrued to the workman, the Labour Court can appoint the Commissioner for taking necessary evidence. Thus, the scope of....
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