Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MUMMINENI SUDHEER KUMAR, J
S.Pandi – Appellant
Versus
Management, Pearl Exports – Respondent
ORDER :
This Writ Petition has been filed by the petitioner workman aggrieved by an order dated 11.10.2022 passed in C.P.No.32 of 2020 on the file of the Court of Presiding Officer, Labour Court, Madurai.
2. In the said petition filed before the learned Labour Court, the petitioner claimed in totally an amount of Rs.4,17,000/- under different heads including the claim for payment of provident fund and gratuity to the tune of Rs.2,00,000/- and Rs.58,875/- respectively. He also further made a claim for payment of bonus of Rs.2,00,000/- and an amount of Rs.7,000/- towards notice pay and an amount of Rs.55,000/- towards closure compensation and an amount of Rs.55,000/- towards leave salary. Out of the above said amounts, the learned Labour Court has granted only closure compensation of Rs.50,000/- with 6% interest. The rest of the claims were rejected by the learned Labour Court on the ground that the petitioner failed to place any material in support of his claim either by way of pleadings or by way of documentary evidence. Insofar as the claim with regard to the provident fund and gratuity are concerned, the learned counsel for the petitioner submitted that the petitioner is not contes
The Labour Court lacks jurisdiction to adjudicate bonus claims under the Payment of Bonus Act, 1965, as they are not covered by the Second Schedule of the Industrial Disputes Act, 1947.
Service matter - Appointment of an assessor - Labour Court /tribunal has power to appoint an assessor in terms of Section 11(5) of the Industrial Disputes Act read with Section 11-A(4) of the Industr....
The central legal point established in the judgment is the applicability of Section 33-C(2) and Section 6H(2) in determining the entitlement of workmen to receive enhanced revised wages as per the Wa....
Discharged workers can claim benefits under S. 33 - C(2) of the Industrial Disputes Act before the Labour Court.
provision specifically provides that for computing the money value of a benefit accrued to the workman, the Labour Court can appoint the Commissioner for taking necessary evidence. Thus, the scope of....
If after initial conviction employee gets acquitted on appeal, Bank cannot be found fault with.
Claims under Section 33-C(2) of the Industrial Disputes Act must be based on pre-existing rights, and the tribunal's jurisdiction is affirmed in determining such claims.
Point of Law : Labour Law – Default n payment of Back wages – Instead of paying amount as decided in Section 33C(2) of ID Act court do not hold that it has made default in payment of money to respond....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
