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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Taluka Development Officer – Appellant
Versus
Ajitsinh Narsangbhai Parmar – Respondent
JUDGMENT :
M.K. THAKKER, J.
1. The present petition is filed under Articles 226 and 227 of the Constitution of India by the employer, challenging the award dated 21.12.2024 passed by the learned Labour Court, Surendranagar, in Recovery Application (C-2) No.241 of 2023, whereby the petitioner has been directed to pay an amount of Rs.39,000/- to the respondent-workman towards unpaid wages.
2. The gist of the case is that the respondent was serving as a Computer Operator with the petitioner establishment and was drawing monthly wages of Rs.4,500/-. It is the case of the respondent that wages for the period from August 2015 to March 2016, i.e., for the months of August, September, October, November, December 2015 and January, February, March 2016, were not paid by the petitioner. Upon demanding the wages, the Taluka Development Officer instructed the respondent to continue with the work. However, despite rendering services for nine months, no wages were paid. Consequently, the respondent filed a Recovery Application under Section 33 (C)(2) of the Industrial Disputes Act, 1947 ('the I.D. Act' hereinafter), relying on documentary evidence in the form of a certificate issued by the Taluka D
The Labour Court has jurisdiction to entertain wage claims under Section 33(C)(2) of the Industrial Disputes Act, and the Limitation Act does not apply such claims.
Employees must actively pursue reinstatement post-award; however, employers' refusal to act can diminish employees' obligations to report for work.
Point of Law : Section 33C(2) of The Industrial Disputes Act, 1947 reads as Recovery of money due from an employer.
The main legal point established in the judgment is that under Section 33(C)(2) of the ID Act, the Industrial Tribunal can adjudicate upon the entitlement of the workman to receive benefit in terms o....
Section 33C(2) of the Industrial Disputes Act enforces adjudicated wage claims, without re-examining eligibility; established employer-employee relations must be acknowledged.
The limitation provided for in it is for requesting appropriate government for issuance of recovery certificate, as provided in sub-section (1) of Section 33C of ‘the Act’ and present proceeding is n....
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