Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC
1 month, 3 weeks ago

Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC

Live Law  

Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33 of the Industrial Disputes Act, 1947. It explained that Labour Courts cannot adjudicate new claims under Section 33, as their jurisdiction is similar to that of an executing court. Arguments Jayanti Parmar argued that the Labour Court had already granted his client entitlement to wages and benefits. Secondly, the court found that there was no specific award directing Sabbir Mohammed Zubair to pay the additional wages, bonus, or rent claimed by Jayanti Parmar.

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History of this topic

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 …

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court
3 years, 1 month ago

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Live Law  

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by …

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