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1988 Supreme(Ker) 234

T.KOCHU THOMMEN
KARUNAKARAN NAIR – Appellant
Versus
DHANALAKSHMI BANK LTD – Respondent


Judgment :-

1. The question which arises in this case is whether the petitioner is right in contending that the subsistence allowance claimed by him under the Kerala Payment of Subsistence Allowance Act, 1972 is a matter which is within the purview of the Labour Court to decide under S.33-C(2) of the Industrial Disputes Act, 1947. The court held by the impugned order that it had no such power by reason of S.4 of the Kerala Payment of Subsistence Allowance Act.

2. S.4 of the Subsistence Allowance Act, in so far as it is material, reads:

"Recovery of money due from an employer. Where any money is due to an employee from an employer under this Act, the employee himself or any other person authorised by him in this behalf, or in the case of the death of the employee, his legal representative may, without prejudice to any other mode of recovery, make an application to the Government in such manner as may be prescribed for the recovery of money due to him, and if the Government, after giving the employer an opportunity of. being heard in such manner as may be prescribed, is satisfied, that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed








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