- Power granted under section 33(2)(C) of the ID Act: Reliance is placed on the decisions of this Court in the case of Municipal Corporation of Delhi Vs. Ganesh Razak and Anr., (1995) 1 SCC 235 and Union of India and another Vs. Kankuben (Dead) By Lrs. And Others, (2006) 9 SCC 292, in support of his submissions that in a proceeding under Section 33(C)(2) of the Industrial Disputes Act, the Labour Court cannot adjudicate the dispute of entitlement or the basis of the claim and it can only interpret the award or settlement on which the claim is based.
- No power to adjudicate the entitlement or basis of claim: As per the settled proposition of law, in an application under Section 33(C)(2) of the Industrial Disputes Act, the Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or the basis of the claim of workmen. It can only interpret the award or settlement on which the claim is based.
- Labour court is executing court under Section 33 (C) (2) of the IDA Act: As held by this Court in the case of Ganesh Razak and Anr. (supra), the labour court’s jurisdiction under Section 33(C)(2) of the Industrial Disputes Act is like that of an executing court. As per the settled preposition of law without prior adjudication or recognition of the disputed claim of the workmen, proceedings for computation of the arrears of wages and/or difference of wages claimed by the workmen shall not be maintainable under Section 33(C)(2) of the Industrial Disputes Act. Municipal Corporation of Delhi Vs. Ganesh Razak and Anr. (1995) 1 SCC 235).
- Labour court under 33 (2) (C) of the IDA enforce pre-existing benefits: In the case of Kankuben (supra), it is observed and held that whenever a workman is entitled to receive from his employer any money or any benefit which is capable of being computed in terms of money and which he is entitled to receive from his employer and is denied of such benefit can approach Labour Court under Section 33C (2) of the ID Act. It is further observed that the benefit sought to be enforced under Section 33C (2) of the ID Act is necessarily a preexisting benefit or one flowing from a preexisting right. The difference between a preexisting right or benefit on one hand and the right or benefit, which is considered just and fair on the other hand is vital. The former falls within jurisdiction of Labour Court exercising powers under Section 33C (2) of the ID Act while the latter does not.
