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2002 Supreme(Mad) 835

A.KULASEKARAN
Tamil Nadu Corporation for Development of Women Co-operative Industrial Estate – Appellant
Versus
The Presiding Officer & Others – Respondent


Advocates Appeared:For the Petitioner:Mrs.T.Kokilavani, Advocate. For the ondents:RR 2 to RR 5 Mr.G.K.R.Pandian and R6 Mrs.R.Vaigai, Advocates.

Judgment :-

Petition is filed to issue for a writ of certiorari to call for the records of the first respondent in C.P.No.5 of 1992 dated 23.2.1995 and quash the same.

2. Respondents 2 to 6 herein filed a claim petition in C.P.No.5 of 1992 under sec.33C(2) before the first respondent Labour Court on the basis that they were entitled to salary as per the recommendations of IV and V pay commission and claimed arrears on that basis. The petitioner herein contested the case on the ground that it is a company incorporated under the provisions of Companies Act which is not a Government Department. It is also the case of the petitioner that respondents 2 to 6 were originally paid consolidated wages and after implementation of the Payment of Minimum Wages Act, salary was paid to them. The Labour Court allowed the claim by its order dated 23.2.1995. Aggrieved by the said order, the Corporation has filed the present writ petition.

3. Learned counsel Mrs.T.Kokilavani appearing for the petitioner submitted as follows:-

The claim of respondents 2 to 6 cannot be agitated under sec.33C(2) of the Industrial Disputes Act. The said section is purely one of executory in nature, as such, the disputed q





























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