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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
D+H Solutions India Private Limited – Appellant
Versus
Jayakrishnan Ramachandran Nair, S/o K.N. Ramachandran Nair – Respondent
JUDGMENT :
1. These writ petitions raise a common question as to whether a petition can be filed under Section 33 C (2) of the Industrial Disputes Act, 19470 [Section 33 C (2) of the 1947 Act corresponds to Section 59 of the Industrial Relations Code, 2020] (hereinafter referred to as 'the 1947 Act) without there being an independent adjudication of the claim by the Labour Court / Industrial Tribunal. It is not disputed before me that the orders impugned in these writ petitions are orders on claim petitions filed under (2) of the 1947 Act without there being any prior adjudication before the Labour Court or the Industrial Tribunal. The question raised is no longer res integra in the light of the law laid down by the Supreme Court inMunicipal Corporation of Delhi v. Danesh Razak and others , (1995) 1 SCC 235 and Bombay Chemical Industries v. Deputy Labour Commissioner and others , (2022) 5 SCC 629. In Municipal Corporation of Delhi (supra) the Supreme Court held as follows;
“8. Reference may be made first to the Constitution Bench decision in Central Bank of India Ltd. v. P.S. Rajagopalan on which Shri Rao placed heavy reliance. That was a case in which the question of maintainability
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 cannot entertain claim petitions and adjudicate the merits and demerits of the rights of the workman under Section 33(C)(2) o....
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
Claims under Section 33C(2) of the Industrial Disputes Act cannot be adjudicated if disputed; must first resolve through Industrial Dispute process.
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