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AMIT RAWAL, C. S. SUDHA
CSB Bank Ltd. – Appellant
Versus
M. A. Rappai – Respondent
JUDGMENT :
C.S. SUDHA, J.
1. What is the scope and effect of sub-section (2) to Section 33C of the Industrial Disputes Act, 1947 (the Act)? Should the workman’s right to receive the benefit claimed by him be admitted or in other words, not disputed by the employer? If the employer dispute’s the workmen's right to receive the benefit in question, does the Labour Court lose its jurisdiction? Is the jurisdiction of the Labour Court confined or limited only to computation of the benefit in terms of money? Let us consider.
2. This intra court appeal has been filed by the first respondent against the judgment dated 13/01/2023 in W.P. (C) No. 19558/2012. The respondents herein are the petitioner and the second respondent respectively in the writ petition. The parties and the documents will be referred to as described in the writ petition.
3. The petitioner was working as a Clerk-cum-Cashier in the first respondent Bank. He commenced his service as sub staff and was thereafter promoted to the clerical cadre during 1986. He superannuated on 31/05/2009. The post in which the petitioner was working was a permanent post and he was drawing daftary allowance on a permanent basis and also received th
The Labour Court has the authority to determine the existence of the right and compute the benefit in terms of money, even if the right is disputed by the employer.
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
Under Section 33 C (2) of the Industrial Disputes Act, the Labour Court cannot adjudicate claims without prior recognition of entitlement; it can only enforce existing rights.
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 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....
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