Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1224] [Entire Act]

Union of India - Section

Section 33C in The Industrial Disputes Act, 1947

33C. [ Recovery of money due from an employer. [Substituted by Act 36 of 1964, Section 19, for Section 33-C (w.e.f. 19.12.1964). ]

(1)Where any money is due to a workman from an employer under a settlement or an award or under the provisions of ][Chapter V-A or Chapter V-B] [ Substituted by Act 32 of 1976, Section 4, for " Chapter V-A" (w.e.f. 5.3.1976).][, the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer:Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period.
(2)Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government ] [Substituted by Act 36 of 1964, Section 19, for Section 33-C (w.e.f. 19.12.1964). ][within a period not exceeding three months:] [ Inserted by Act 46 of 1982, Section 19 (w.e.f. 21.8.1984).][Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.] [Inserted by Act 46 of 1982, Section 19 (w.e.f. 21.8.1984). ]
(3)[ For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a Commissioner who shall, after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the Commissioner and other circumstances of the case.
(4)The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1).
(5)Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen.Explanation .-In this section "Labour Court "includes any Court constituted under any law relating to investigation and settlement of industrial disputes in force in any State. ] [Substituted by Act 36 of 1964, Section 19, for Section 33-C (w.e.f. 19.12.1964). ]
[Assam.]- In the principal Act, in section 33-C, in sub-section (1), for the words "to the collector who shall proceed to recover the same manner as an arrear of land revenue", the words "to the Chief Judicial Magistrate having jurisdiction who shall proceed to realize as if it were a fine imposed by such Magistrate" shall be substituted.[Assam Act No. 22 of 2007.]