Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act
6 days ago

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

Live Law  

Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. Receiving no favorable response again, Intwala filed an application under Section 33C of the Industrial Disputes Act, 1947 seeking recovery of Rs. Representing Casby Logistics, Mr. Vijay P. Vaidya, argued that the Industrial Court's decision was limited to setting aside the transfer order and did not confer any monetary entitlement. Court's Reasoning Firstly, the court held that claims under Section 33C must be supported by a clear entitlement arising from statute, contract, or custom.

Court Labour Transfer Order Industrial Claims Industrial Disputes Act Filed Monetary Labour Court Schedule Iv Entitlement Unfair Labour Practice Intwala Casby Logistics  monetary  transfer  recovery  entitlement  hc  industrial  33c2  relief  order  filed  grant  court  intwala  preexisting  claims  scope  labour

History of this topic

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer
4 months, 3 weeks ago

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer

Live Law  

The Bombay High Court upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not an automatic remedy, especially when the employee has found similar employment …

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
10 months, 2 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall …

Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court
1 year, 11 months ago

Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court

Live Law  

The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G of the National Highways Act, 1956 is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996, the same cannot be a ground to invoke the High Court’s writ jurisdiction under …

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers
2 years, 7 months ago

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

Live Law  

While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen. Justice Biren Vaishnav had taken up both Special Civil Applications for the final hearing and relied extensively on Manager, Naaz …

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court
2 years, 9 months ago

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of the settlement of a workman against his employer. The same does not make way for a Labour Court to enter into an adjudicatory …

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court
3 years ago

Labour Court Cannot Arrogate To Itself Functions of An Industrial Tribunal U/S 33C(2) of ID Act: Gujarat High Court

Live Law  

"It is held that the workmen can proceed under Section 33C of the I.D.Act only after the Tribunal has adjudicated on a complaint under section 33A or on a reference under section 10 of the I.D. The Labour Court, subsequently, awarded INR 1,29,034 as differential amount of wages under Section 33C. Judgement The Bench identified the primary issue worth consideration …

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