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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Bhupendera Cement Workers Union – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. appeals based on previous court decisions (Para 1 , 2 , 5) |
| 2. arguments on the nature of disputes and jurisdictions (Para 3 , 4 , 12) |
| 3. rejections due to procedural issues and timeframe (Para 8 , 9 , 19) |
| 4. legal framework around section 33-c of the act (Para 20 , 21 , 26 , 27) |
| 5. conclusion on the dismissed appeals (Para 28 , 29) |
JUDGMENT
G.S. Sandhawalia, J. - The present judgment shall dispose of 2 appeals, bearing LPA-1245 & 1297-2018which have been preferred against the common judgment of the learned Single Judge in two writ petitions bearing CWP- 2838-2013 titled Bupendera Cement Worker's Union, Surajpur v. State of Haryana & others and CWP-11762-2013 titled Mallah Quarry Worker's Union, Mallah v. Union of India & others.
2. While giving reasons for the first case and disposing of the second case in the same terms, the learned Single Judge found that the matter had already been decided on 20.08.2022 by a Division Bench of this Court and therefore, the claim for issuance of recovery certificate for a sum of Rs.40,67,24,833.37 upto 10.01.2012 and with further interest as per the subsequent report of the Deputy Labour Commissioner dated 25.01.2012 (Annexure P-10)
The appropriate government lacks jurisdiction under Section 33C(1) to issue recovery orders without prior adjudication of the workers' claims, emphasizing that such claims must arise from recognized ....
The authority's order under Section 33-C(1) was valid as the employer failed to dispute the existence of a relevant settlement, maintaining wage parity between contractual and regular employees in li....
The appropriate government should act only as an executory court and leave adjudication to the tribunal/labour court. The absence of a pre-determined right in favor of the workmen precluded the issua....
Section 33C(2) of the Industrial Disputes Act enforces adjudicated wage claims, without re-examining eligibility; established employer-employee relations must be acknowledged.
The court reinforced that a settlement under the Industrial Disputes Act cannot override the existing statutory rights of workers to claim wages resulting from illegal closure, as stipulated in the t....
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