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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Punjab Water Supply And Sewerage Board Sub Division – Appellant
Versus
Presiding Officer, Government Industrial Tribunal, Patiala – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral)
By this common order CWP-7808-2022, CWP-14439-2022 and CWP-14403-2022 are disposed of since issues involved in the captioned petitions and prayer sought are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-7808-2022.
2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of Award dated 13.12.2013 (Annexure P-10) whereby Labour Court has allowed application of respondent under Section 33C(2) of Industrial Disputes Act, 1947 (for short 'ID Act').
3. The petitioner is an instrumentality of State of Punjab. The respondent during January' 1996 to February' 2006 worked with petitioner as Pump Operator. In 2007, he filed an application before Labour Court claiming that he had worked 12 hours a day whereas he was paid wages for 8 hours. He is entitled to wages for overtime. The application was filed on 13.09.2007 and wages were claimed for the period from 01.01.1996 to 28.02.2006.
4. Learned counsel for the petitioner submits that Industrial Tribunal travelling beyond its jurisdiction has allowed application of the respondent. The question of wages f
The entitlement to overtime wages is established based on prior sanction and does not necessitate fresh adjudication under Section 33(C)(2) of the Industrial Disputes Act.
Section 33C(2) of the Industrial Disputes Act enforces adjudicated wage claims, without re-examining eligibility; established employer-employee relations must be acknowledged.
The judgment established the pre-existing right of employees to overtime wages under statutory provisions and recognized the jurisdiction of the Labour Court to adjudicate disputes over such entitlem....
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.
The Labour Court has jurisdiction to entertain wage claims under Section 33(C)(2) of the Industrial Disputes Act, and the Limitation Act does not apply such claims.
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