Claims under Section 33(C)(2) of the Industrial Disputes Act require a prior adjudication or an agreement where the entitlement is undisputed.

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 2^nd respondent from raising any industrial dispute in respect of the amount claimed, in accordance with the law.