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2026 Supreme(Online)(Ker) 18255
IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
BALRAM G. MENON – Appellant
Versus
T.H. ABDUL KHADHAR – Respondent
WP(C) NO. 2047 OF 2024
Important Points
Subject
Labour Law - Industrial Disputes
Act Referred
Headnote
(C)(2) of the Industrial Disputes Act, 1947, emphasizing the necessity for a prior adjudication or agreement for claims to be valid, aligning its findings with precedents such as D+H Solutions India Private Limited v. Jayakrishnan Ramachandran Nair. The Court framed the issue around the lack of previous adjudication and concluded that the petitioner's claim was not permissible under the specified statute without such foundations. The petition was thus allowed, quashing the prior order while permitting the respondent to raise any relevant disputes as per law.
For the Appellants/Petitioners: SRI.S.SAJU, SRI.A.V.SAJAN, SMT.SWETHA.S.
For the Respondents: SRI.V.P.MOHAMMED NIYAZ, SMT.RESMI THOMAS
| Table of Content |
|---|
| 1. claims under section 33(c)(2) require a prior adjudicated basis. (Para 1) |
| 2. writ petition allowed and prior order quashed. (Para 2) |
JUDGMENT
The issue raised in this writ petition is covered by the judgment of this Court in D+H Solutions India Private Limited v. Jayakrishnan Ramachandran Nair, 2026 KHC OnLine 85, wherein, following the judgments of the Supreme Court, it has been held that a claim cannot be made directly under Section 33 (C)(2) of the Industrial Disputes Act, 1947 , unless it is based on a previous award or on an agreement where the entitlement is not in dispute.
2. A reading of the impugned order indicates that there was no prior adjudication and the claim of the petitioner is not based on any previous agreement. In that view of the matter, and following the law laid down in D+H Solutions India Private Limited (supra), I am of the view that this writ petition is to be allowed.
Accordingly, this wit petition is allowed. The impugned Ext.P3 order is quashed, making it clear that this will not prevent the 2nd respondent from raising any industrial dispute in respect of the amount claimed, in accordance with the law.
