Application under Section 33C(1) of the Industrial Disputes Act is unmaintainable without prior computation of dues, but may proceed under Section 33C(2) where the Labour Court has the authority to determine amounts due.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The writ application has been preferred praying for direction upon the respondent authorities, more specifically the respondent no.2 herein to dispose of the application of the petitioner dated 20th April, 2018 filed under Section 33C(1) of the Industrial Disputes Act expeditiously.

2. In course of hearing, the 1^st report placed by the authority concerned being the Joint Labour Commissioner-P Enforcement of Law and Minimum Wages, 2nd Office of the Labour Commissioner, Calcutta, regarding the status of the case is as follows:-

“After perusal of the submitted documents it appeared to the then Assistant Labour Commissioner being the Enquiry Officer that the matter relates to the above said Award of Ld. Eighth Industrial Tribunal, Kolkata dated 30/10/2018 does not come under the purview of Sec. 33C (1) of the Industrial Disputes Act, 1947 as no amount of money was specified in the said Award. Hence the submitted Form Q-3 of the present petitioner was disposed of without taking further action.”

3. Considering the said report, a further report was called for, wherein the Joint Labour Commissioner has stated in his (undated) report as follows:-

“In persuasion of that Award of Ld. Eighth Industrial Tribunal, Kolkata dated 30/10/2018 the present petitioner of this writ petition had submitted Form Q-3 "Application under sub Sec. (1) of Section 33C of the Industrial Disputes Act, 1947 for recovery of computed dues from the employer."

After perusal of the submitted documents it appeared to the then Assistant Labour Commissioner being the Enquiry Officer that the matter relates to the above said Award of Ld. Eighth Industrial Tribunal , Kolkata dated 30/10/2018 does not come under the purview of Sec. 33C (1) of the Industrial Disputes Act, 1947 a no amount of money was specified/computed in the said Award. Hence the submitted Form Q-3 of the present petitioner was disposed of without asking further action. The note sheet order of the Enquiry Officer is reproduced below to State the facts of the case: “Instant proceedings U/S 33C (1) is not maintainable in absence of any prior computation of dues of the workman in this instant case.”

In the light of said note sheet order Sec. 33C(1) of the Act was mentioned in the earlier report of the Joint Labour Commissioner (P) with an aim to lay down before the Hon'ble Court the limits of role of Labour Commissionerate Officials as has been laid down in the Act.

It further appears that the instant matter be dealt under Sec. 33C (2) of the Industrial Disputes Act, 1947 where the power to compute any undetermined amount has been solely vested on the Ld. Labour Court.

The order of the Ld. Tribunal does not exclusively spelt out the amount due to the workman. Hence to recover such undetermined amount, the petitioner i.e. Sri Niranjan Hazra in compliance with provision under Sec. 33C (2) of the Act and Rule 74 (3) of the Rules should have first applied before the Ld. Labour Court for computation and only then he should have approached this forum with application in Form Q 3.”

4. The award in this case is dated 30^th January, 2018.

5. The signature dated 19.04.2022 of the petitioner appears against the order (sheet) dated 27.12.2021 but not against the final order dated 03.01.2023.

6. For assisting the discussion herein, Section 33C of the Industrial Dispute Act, as a whole is reproduced here:-

Section 33C of the Industrial Disputes Act, lays down:-

“33C. Recovery of money due from an employer.-

(1) Whe