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G. S. AHLUWALIA
Cloth Merchant Association – Appellant
Versus
Laxmi Prasad Namdeo – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India has been filed against the order dated 5.4.2019 passed by Presiding Officer, Labour Court, Satna in Case No. 10/15/ID Act/33/2-C by which the application filed by the respondent under section 33-C (2) of Industrial Dispute Act has been allowed and the petitioners have been directed to pay the minimum wages to the respondent from February 2012 to March 2015.
2. Writ Petition No. 17828/2015 has been filed against the order dated 19.12.2014 passed by the Presiding Officer, Labour Court, Satna in Case No.5/12/ID Act by which the petitioners have been directed to pay the minimum wages to the respondent from the year 2008 to January 2012.
3. Except the date of order and the period of minimum wages all other facts are common. The respondent is common and the petitioners are common as well as the questions of law involved in both the petitions are common, therefore, by this common order both the petitions shall be decided.
4. The facts necessary for disposal of the present petition, in short, are that the respondent filed an application under section 33-C(2) of Industrial Dispute Act, claiming that he has been paid less t
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.
Section 33(C)(1) of I.D.Act deals with situation where money is due to a workman under a settlement or an award.
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.
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....
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