Back
N. V. ANJARIA, NIRAL R. MEHTA
PRESIDENT, BHAVNAGAR DISTRICT CO-OPERATIVE SANGH – Appellant
Versus
DHIRENDRA PRITAMLAL PAREKH – Respondent
JUDGMENT :
NIRAL R. MEHTA, J.
1. By way of this Letters Patent Appeal under Clause 15 of the Letters Patent, the original respondent has called in question the order dated 03rd March, 2022 passed in Special Civil Application No. 3896 of 2020 and allied matters by which the learned Single Judge has quashed and set aside the order dated 09th December, 2019 passed by Labour Court, Bhavnagar and directed the Labour Court to restore all those recovery applications to their original files and decide the same after affording opportunity of hearing to the parties.
2. Brief facts can be summarised as under:
2.2 After reinstatement, workmen were not being paid in parity with permanent employees. The workmen thereby approached the Labour Court under the provisions of Section 33-C(2)
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 33C(2) is more comprehensive than Section 33C(1). Section 33C(2) applies not only to cases of settlement or award or cases under Chapter VA of the Act, but to other cases as well. By a proces....
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....
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 appropriate government should act only as an executory court and leave adjudication to the tribunal/labour court. The absence of a pre-determined right in favor of the workmen precluded the issua....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
