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RAJENDRA M. SAREEN
Managing Director – Appellant
Versus
Meghjibhai Mohanbhai Sagar – Respondent
JUDGMENT :
1. This petition is filed under Article 226 of the Constitution of India and under the provisions of Industrial Disputes Act and Rules made thereunder and also challenging the order passed below application u/s.33(C)(2) of the Industrial Disputes Act by the Labour Court, Amreli in Recovery Application no.111 of 1999 inter alia praying as under:
B. Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction holding and declaring that the impugned order dated 17th March, 2009 is violative of Articles 14 and 19(i)(g), without jurisdiction and authority in law, arbitrary, irrational, discriminatory, illegal and unreasonable;
C. Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside impugned order dated 17th March, 2009 and further be pleased to hold that the respondent cannot file Recovery Application straight way under Section 33(C)(2) of ID Act without crystallizing his right either by award under Section 78 of BIR Act from Labour Court or by way of any settleme
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....
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 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....
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
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