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NARENDRA KUMAR VYAS
Branch Manager, HDFC Bank Limited – Appellant
Versus
B. Sanyasi, S/o. Shri B. Niladri – Respondent
ORDER :
1. The petitioner has preferred the writ petition under Article 226/227 of the Constitution of India challenging the order dated 12.02.2021 passed by the Labour Court (ID Act), Durg in case No. 77/ID Act/2011 Civil in the case of B. Sanyasi and Ors. vs. Branch Manager, HDFC Bank Limited, by which the learned Labour Court allowed the application filed by the respondents under Section 33(C)(2) of the Industrial Dispute Act, 1947 and has directed the petitioner for payment of salary for the period July 2008 to December 2009, for 19 months salary to respondent No. 1 to the tune of Rs.1,24,665/- after adjusting the amount of Rs.8,335/- @ 7000 per month. Similarly, respondent No. 2 to pay Rs.1,15,732/- after adjusting the amount 7,776 @ 6500/- per month and Rs.1,14,228/- after adjusting the amount of Rs.18,772 to respondent No.3 and total amount of Rs.3,53,460/- within a period of one month failing which interest @ 12% from the date of order till the actual payment is made.
2. Brief facts of the case as reflected from the record are that the respondent No. 1 to 3 have filed an application under Section 33(C)(2) of the Industrial Dispute Act,1947 before the Labour Court, Durg which
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....
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
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....
In an application under Section 33(C)(2) of Industrial Disputes Act, Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or basis of claim of workmen – It can only interpret....
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