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 was whether the Labour Court had the jurisdiction to entertain the application filed under Section 33C of the ID Act and thereby order the grant of differential wages to the Respondent-Employee. Ram Chandra Dubey & Ors., 2001 1 SCC 73, wherein the Supreme Court had remarked: "Thus it is clear from the principle enunciated in the above decisions that the appropriate forum where question of back wages could be decided is only in a proceeding to whom a reference under Section 10 of the Act is made." The benefit sought under Section 33C is a pre-existing benefit which the employee can seek from the employee as a matter of right from the Labour Court.

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History of this topic

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court
2 weeks, 5 days ago

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court

Live Law  

Quashing an order referring to the labour court an alleged dispute between a company and a female foreign national employed as a personal assistant–who had also levelled rape allegations, the Gujarat High Court said that there was no application of mind regarding a "prima facie opinion" on if an industrial dispute existed. Observing that the assistant labour commissioner's order was …

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court
3 months ago

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court

Live Law  

The Karnataka High Court has said that while fixing or revising the Minimum Wages to be paid to employees, employers which is a stakeholder and which will be affected in the exercise, should have their say and the stand before the notification is passed by the Government. A division bench of Chief Justice N V Anjaria and Justice K V …

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC
3 months ago

Can Only Invoke Section 33C(2), ID Act, For Computation Of Pre-Existing Benefits; Not To Decide New Issues: P&H HC

Live Law  

Punjab and Haryana High Court: A single judge bench consisting of Justice Jagmohan Bansal struck down the order of the Labour Court that ordered payment of overtime wages to a pump operator. The High Court held that the Labour Court was not competent to decide such claims, as Section 33C only applies for the computation of pre-existing benefits; it cannot …

Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC
3 months, 1 week ago

Section 33-C(2) I.D. Act Is Similar To Execution Provision, Liability To Pay Should Be Pre-Decided : Punjab & Haryana HC

Live Law  

A single bench of Punjab & Haryana High Court comprising of Justice Jagmohan Bansal held that the employee cannot approach Labour Court under the Section 33-C of the I.D. Further the case of Bombay Chemical Industries v. Labour Commr., was relied upon by the court wherein the Supreme Court held that when a workman's employment status is disputed and lacks …

Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates
3 months, 1 week ago

Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates

Live Law  

The Supreme Court recently reaffirmed that disputes falling exclusively within the jurisdiction of statutory authorities are not arbitrable.While holding so, the bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under. The Supreme Court recently reaffirmed …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
7 months, 3 weeks ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
10 months ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
10 months, 2 weeks ago

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. The High Court noted that Section 20 of the Minimum Wages Act gives the relevant …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
10 months, 2 weeks ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024
10 months, 2 weeks ago

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court Case Title: Charan Pal Singh vs. Presiding Officer Labour Court Second Up Ghaziabad And Another 2024 LiveLaw 264 Case Citation: 2024 LiveLaw 264 The Allahabad High Court single bench of Justice Dinesh …

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman
10 months, 3 weeks ago

Dismissal Of Workman During Pendency Of Industrial Dispute Without Tribunal's Approval Is Void, Karnataka High Court Orders Reinstatement Of Workman

Live Law  

The Karnataka High Court single-judge bench of Justice Shivshankar Amarannavar held that when an industrial dispute is pending in an adjudicatory body, the employer must seek approval from the Tribunal for the dismissal of the worker, as mandated by Section 33 of the Industrial Disputes Act. The Management argued that the Workman remained silent for six years following the dismissal …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
10 months, 3 weeks ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court
11 months, 3 weeks ago

Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court

Live Law  

A single-judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Sunil Kumar & Ors. The Regional Labour Commissioner ordered the Respondent to take the Petitioner back in service however, due to non-payment of the earnest wages for the period of June 2011 to September 2011, the Petitioner …

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal
11 months, 3 weeks ago

Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal

Live Law  

The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee dismissed appeal under Section 37 of the Arbitration and Conciliation Act, 1996 noting that arbitrator's finding was based upon the proper appreciation and interpretation of the prevalent conditions and the site inspection along with the documents on record. While the Arbitrator allowed only three …

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order
1 year, 1 month ago

Industrial Disputes Act | Project Leader Can't Be Implied To Be Doing Clerical, Manual Or Technical Work: Karnataka HC Sets Aside Labour Court Order

Live Law  

The Karnataka High Court has said that an employee working as a project lead in an Information Technology Services and Consulting company, would not come in any of the classifications envisaged under Section 2 of the Industrial Disputes Act and the Labour Court has no jurisdiction to order his reinstatement. A single judge bench of Justice K S Hemalekha allowed …

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 7 months ago

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. “.Retrenchment as it stood at the relevant time, termination …

Supreme Court Annual Digest 2022- Labour Law
2 years, 2 months ago

Supreme Court Annual Digest 2022- Labour Law

Live Law  

Bonded Labour System Act, 1976; Sections 16-17- For attracting the provision of Section 16 of the Act, the prosecution must establish that an accused has forced and compelled the victim to render bonded labour. Oil and Natural Gas Corporation Ltd. v. President, Oil Field Employees Association, 2022 LiveLaw 176 : 2022 SCALE 861 Industrial Disputes Act, 1947 - Section 33C …

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC
2 years, 3 months ago

Article 14 | Temporary Employee Can Be Directed To Be Paid Wages Equal To Lowest Grade Regular Employee Discharging Same Duties: Punjab & Haryana HC

Live Law  

Punjab and Haryana High Court recently reiterated that apart from the claim of "equal pay for equal work" under Article 39 of the Constitution of India, the concept of equality will also apply to temporary employees and they can be directed to be paid wages equal to the salary at the lowest grade of a regular employee, discharging the same …

Workman Who Consents For Contractual Engagement Can't Turn Around & Seek Benefit U/S 25F Of Industrial Disputes Act: Gujarat High Court
2 years, 7 months ago

Workman Who Consents For Contractual Engagement Can't Turn Around & Seek Benefit U/S 25F Of Industrial Disputes Act: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that when there is a specific condition provided in the consent letter of employment that the appointment is on contract basis, then such workman cannot claim any benefit by contending that the Respondent establishment had breached Section 25 of the Industrial Disputes Act. The Petitioner, claiming to be sexually harassed by her immediate superior, …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022
2 years, 7 months ago

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

Live Law  

NOMINAL INDEX Judgments/Orders of the week Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC Case Title. S.173 CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court Case Title: Poonam Madha Parmar v. State Of Gujarat Citation: 2022 LiveLaw …

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court
2 years, 7 months ago

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court

Live Law  

The Gujarat High Court has held that where the disengagement of workmen by an employer is under dispute, the former claiming illegal termination and the latter asserting voluntary resignation arrangement, the Labour Court may direct deposit of ex-gratia amount in the interim.Justice Biren Vaishnav thus upheld a Labour Court's decision directing the workmen to deposit the ex-gratia amount. The Gujarat …

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 Has No Jurisdiction To Adjudicate Workman's Claim U/S 33C(2) ID Act In An Undetermined Claim: Karnataka High Court
2 years, 10 months ago

Labour Court Has No Jurisdiction To Adjudicate Workman's Claim U/S 33C(2) ID Act In An Undetermined Claim: Karnataka High Court

Live Law  

The Karnataka High Court has said that a workman who claims compensation due to injuries suffered during the course of employment, his claims under the Employees Compensation Act 1923, would lie before the Employees Compensation Commissioner and not before the Labour Court. The respondent preferred claim petition before the Labour Court Mangaluru under Section 33C of the Industrial Dispute Act, …

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022
2 years, 10 months ago

Gujarat High Court Weekly Round Up: April 18 To April 24, 2022

Live Law  

NOMINAL INDEX Bhavinkumar Kantilal Gajera vs State Of Gujarat 2022 LiveLaw 130 Maheshbhai Govindbhai Patel vs Mother Dairy Fruit And Vegetable Pvt Ltd 2022 LiveLaw 131 Rameshbhai Dhulabhai Katara Versus State Of Gujarat 2022 LiveLaw 132 Priteshkumar Bipinbhai Dave vs State Of Gujarat 2022 LiveLaw 133 Sardar Patel Seva Trust Versus The Regional Provident Fund Commissioner II 2022 LiveLaw 134 …

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court
2 years, 11 months ago

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court

Live Law  

The Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court, the employer is be liable to pay such workman during the period of pendency of such proceedings in the High Court. Referring to Section 17B of the Industrial Disputes Act, the …

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act
3 years ago

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

Live Law  

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner contested that the Labour Court had erred in concluding that the Petitioner had not completed 240 days of continuous service in …

Paying ₹450 Per Month Is 'Forced Labour' & Violation Of Article 23: Allahabad HC Directs UP Govt To Pay Minimum Wages To A IV Class Employee
3 years, 5 months ago

Paying ₹450 Per Month Is 'Forced Labour' & Violation Of Article 23: Allahabad HC Directs UP Govt To Pay Minimum Wages To A IV Class Employee

Live Law  

The Allahabad High Court last week pulled up the Uttar Pradesh Government for paying Rs. 450/- per month as wages vide Government Order dated 01.07.1992 is clearly a "other form of forced labour" and is in violation of Article 23 of the Constitution of India." On the question as to whether a person is said to be providing Forced Labour …

Minimum Wages Act: Categorization Of Unskilled Employees As Semi-Skilled And Semi-Skilled As Skilled On The Basis Of Their Experience Is Ultra Vires: SC [Read Judgment]
5 years, 10 months ago

Minimum Wages Act: Categorization Of Unskilled Employees As Semi-Skilled And Semi-Skilled As Skilled On The Basis Of Their Experience Is Ultra Vires: SC [Read Judgment]

Live Law  

The Supreme Court has held that the categorization of unskilled employees as semiskilled and semi-skilled as skilled on the basis of their experience in the notification issued for fixing/revising the minimum rates of wages is beyond jurisdiction of Government. In the notification issued under Section 5 of the Minimum Wages Act, the labour department of Haryana provides for following categorization: …

Delhi High Court sets aside AAP govt order revising minimum wages
6 years, 7 months ago

Delhi High Court sets aside AAP govt order revising minimum wages

India TV News  

In a blow to the AAP government, the Delhi High Court today quashed its March 2017 notification revising minimum wages for all classes of workmen in all scheduled employment, saying the decision was ultra vires the Constitution. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also quashed the Delhi government notification setting up a advisory …

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]
7 years, 9 months ago

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]

Live Law  

The Supreme Court bench of Justices Ashok Bhushan and Deepak Gupta, on May 6, held that the prescribed authority under the Payment of Wages Act is not an appellate authority in the disciplinary proceedings and therefore it has no right to sit in appeal and to set aside the order of withholding of increments passed in the disciplinary proceedings.In the …

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]
7 years, 9 months ago

Wages Withheld Due To Disciplinary Proceedings Can’t Be Restored By The Authority Under The Payment Of Wages Act: SC [Read Order]

Live Law  

The Supreme Court bench of Justices Ashok Bhushan and Deepak Gupta, on May 6, held that the prescribed authority under the Payment of Wages Act is not an appellate authority in the disciplinary proceedings and therefore it has no right to sit in appeal and to set aside the order of withholding of increments passed in the disciplinary proceedings.In the …

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