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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
National Textile Corporation Limited – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum-Labour Court, S.A.S Nagar, Mohali – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral) -
By this common order, the above-said petitions are disposed of as issues involved and prayer sought in all the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP-36923-2019.
2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 20.02.2019 (Annexure P-3) whereby Labour Court in exercise of power conferred by Section 33C(2) of Industrial Disputes Act, 1947 (for short 'ID Act') has assessed its liability.
3. A labour dispute erupted between the parties. The petitioner retrenched 26 workmen on 16.12.1972. They served demand notice and matter reached to Labour Court which vide award dated 20.04.1975 ordered to reinstate them with continuity of service. The petitioner preferred CWP No.3106 of 1982 before this Court assailing aforesaid award which was dismissed. The petitioner unsuccessfully approached the Hon'ble Supreme Court. The petitioner did not reinstate the workers and they filed CWP No.5079 of 1994 before this Court which was allowed vide order dated 04.09.2009. They preferred Contempt Petition No. 634
Section 33C(2) of the Industrial Disputes Act enforces adjudicated wage claims, without re-examining eligibility; established employer-employee relations must be acknowledged.
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....
Employees must actively pursue reinstatement post-award; however, employers' refusal to act can diminish employees' obligations to report for work.
The main legal point established in the judgment is that under Section 33(C)(2) of the ID Act, the Industrial Tribunal can adjudicate upon the entitlement of the workman to receive benefit in terms o....
Discharged workers can claim benefits under S. 33 - C(2) of the Industrial Disputes Act before the Labour Court.
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