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2006 Supreme(Gau) 560

AFTAB H.SAIKIA
Lakheswar Hazarika – Appellant
Versus
Presiding Officer – Respondent


JUDGMENT

A.H. Saikia, J.

1. Heard Mr. D.P. Chaliha, learned senior assistant by Mrs. A. Bhattacharya, learned Counsel for the applicant. Also heard Mr. S.N. Sarma learned senior counsel assisted by Ms. P. Sarma and Mr. A. Sarma learned Counsel appearing for the respondent No. 2, the Management, Sokalatinga Tea Estate.

2. The validity and the correctness of the order dated 30.10.1992 passed by learned Presiding Officer, Labour Court, Dibrugarh in Misc. (J) Case No. 1/88 has been assailed in this writ petition invoking the jurisdiction and power of this High Court under Article 226 of the Constitution of India.

3. The impugned order was passed by the Labour Court as mentioned above on the basis of a petition moved by the petitioner under Section 33C(2) of the Industrial Disputes Act, 1947 ('the Act').

4. For ready reference of the Section 33C(2) of the Act may be reproduced as under:

...

(2) Where any workman is entitled to receive from the employer and money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that



















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