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2026 Supreme(Online)(Ker) 13711

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
RAJENDRAN NAIR S. – Appellant
Versus
ENGLISH INDIA CLAYS LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.GOKUL BABU, SRI.M.ANIL PRASAD, SRI.S.JAYANT, SRI.KESHAVRAJ NAIR, SMT.GAADHA SURESH, SRI.VISWANATH JAYAN, SRI.ASWIN S., SMT.SWETHA PANDALAY
For the Respondents: SRI.AJITH S., SMT.MAYURI A. NAIR

Table of Content
1. challenge to common order by labour court regarding claim petitions. (Para 1)
2. arguments for entitlement under agreement versus management dispute. (Para 2 , 3)
3. court observation on adjudication pathways for disputed claims. (Para 4)
4. findings on the jurisdiction of claims under specific sections of the act. (Para 5)
5. final conclusion on the nature of claims under 33c(2) and 36a. (Para 6)

JUDGMENT

[WP(C) Nos.22927, 23037, 23042, 23045, 23054, 23079, 23155, 23227, 23229, 23335, 25120, 26408 and 26414 of 2025]

These writ petitions have been filed challenging a common order passed by the Labour Court, Ernakulam, in certain claim petitions filed under Section 33C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the ‘1947 Act’) by which the claim petitions filed by the petitioners were dismissed on the ground that since their claims are disputed and since there is nothing to show that the petitioners were covered by the terms of the settlement under which they claim, such claims cannot be adjudicated under (2) of the 1947 Act. The Labour Court also found that the claims have to be raised in terms of the provisions contained in Section 36A of the

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