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

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 be employed to decide new issues that require detailed evidence and adjudication. The respondent, on the other hand, argued that his claim was only for the computation of a benefit already due, which the Labour Court is competent to decide under Section 33C. The court relied on State Bank of India v. Ram Chandra Dubey 1 SCC 73), to hold that a pre-existing benefit or right is mandatory to invoke Section 33C.