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Jurisdiction of Labour Court - U.P. Industrial Disputes Act, 1947 - S.6-H(2) - Removal of workman from service - Recovery of money due from employer - The Industrial Disputes Act, 1947

Workman raised industrial dispute and the reference was answered by the Labour Court in favour of the workman on 24'.3.1993. The Award was challenged by the management by way of writ petition and the Award was upheld by the High Court. Thereafter the workman moved an application under section 33-C (2). The application was decided in favour of the workman and the management was directed to quantify the amount payable to the workman from 1.1.1991 to 28.2.2002. The management has approached the Court Challenging the direction of the Court below.

The Court examined the issue of jurisdiction of Labour Court to entertain petition under section 33-C (2) the Act to determine the amount due to the workman. The Court observed that rights of a workman to receive minimum bonus and minimum wages are vested rights under the statute. For enforcement of these rights, an employee can certainly file an application under Section 33-C (2) of the Act and Labour Court is competent to direct the employer to compute the due to employee in this behalf. When a claim is filed by an employee it is not necessary that it should be referred to Industrial Tribunal for adjudication. The Labour Court has jurisdiction to entertain the application and decide the matter. No error committed by the Labour Court. Writ Petition dismissed.

-H.C. All. CLR I 2018 P.1067, Works Manager, Irrigation Workshop and Anr. v. Presiding Officer, Labour Court and Anr

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