IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. GOPINATH P., J
D+H SOLUTIONS INDIA PRIVATE LIMITED – Appellant
Versus
JAYAKRISHNAN RAMACHANDRAN NAIR – Respondent
JUDGMENT
These writ petitions raise a common question as to whether a petition can be filed under Section 33 C (2) of the Industrial Disputes Act, 1947 1 (hereinafter referred to as 'the 1947 Act) without there being an independent adjudication of the claim by the Labour Court / Industrial Tribunal. It is not disputed before me that the orders impugned in these writ petitions are orders on claim petitions filed under (2) of the 1947 Act without there being any prior adjudication before the Labour Court or the Industrial Tribunal. The question raised is no longer res integra in the light of the law laid down by the Supreme Court inMunicipal Corporation of Delhi v. Danesh Razak and others , (1995) 1 SCC 235 and Bombay Chemical Industries v. Deputy Labour Commissioner and others , (2022) 5 SCC 629. InMunicipal Corporation of Delhi (supra) the Supreme Court held as follows;
“8. Reference may be made first to the Constitution Bench decision in Central Bank of India Ltd. v. P.S. Rajagopalan on which Shri Rao placed heavy reliance. That was a case in which the question of maintainability of proceedings under Section 33-C(2) of the Act was considered in a claim made by the workmen on the
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