Clarification on jurisdiction between Industrial Tribunal and Labour Court concerning pre-existing awards under the Industrial Disputes Act, 1947.

O R D E R

1. Delay condoned.

2. After hearing counsel for the applicant (petitioner No.5), the order dated 29.04.2025 is clarified to the extent that wherever no award/order is already passed in favour of the workman, the appropriate recourse will be to approach the Industrial Tribunal under Section 7A read with the Third Schedule of the Industrial Disputes Act, 1947 , seeking determination of the claim. However, if there already exists an award/order, in that case, the workman is at liberty to approach the Labour Court under Section 33C of the said Act for the purpose of execution or implementation of such award/order. In other words, only a pre-existing award/order can be permitted to be executed by invoking the jurisdiction of the Labour Court under Section 33C . The miscellaneous application stands disposed of.

Signa3ture. Not VerifiedMr. T.S. Chaudhary, learned counsel, submits that he appeared Digitally signed by NITIN TALREJA Date: 2025.10.18 Reasoin:n Contempt Petition (C) No.107/2016 and the said matter, along with all tagged matters, was disposed of on 29.04.2025, which was taken on Board during the hearing of Contempt Petition (C) No.109/2016. It is clarified that the order dated 29.04.2025 passed in Contempt Petition (C) No.109/2016 also applies to Contempt Petition (C) No.107/2016 and all other matters which were taken on board vide paragraph 1 of the said order.

..........................J.

(SURYA KANT)

..........................J.

(JOYMALYA BAGCHI)

NEW DELHI;

OCTOBER 15, 2025.

ITEM NO.34 COURT NO.2 SECTION III-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS in MISCELLANEOUS APPLICATION No. 1415/2024 in Contempt Petition (Civil) No. 777/2016 in Civil Appeal No.8764/2012 [Arising out of impugned judgment and order dated 29-04-2025 in MA No. 1415/2024 in Contempt Petition (Civil) No.777/2016 in Civil Appeal No.8764/2012 passed by the Supreme Court of India]

DIWAKAR PRASAD DWIVEDI & ORS. Petitioner(s)

VERSUS ALOK RANJAN & ORS. Respondent(s)

(IA No. 216276/2025 – CLARIFICATION/DIRECTION and IA No.

243456/2025 - CONDONATION OF DELAY IN FILING)

Date : 15-10-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JOYMALYA BAGCHI For Petitioner(s) : Mr. Rajesh Kumar Chaurasia, AOR Mr. Sujeet Kumar, Adv. Mrs. Reena Patel, Adv.

Mr. Shailendra Kumar Nirmal, Adv.

Mr. Hem Kumar, Adv.

Mrs. Soni, Adv.

For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

The miscellaneous application stands disposed of in terms of the signed order.