Dhirendra Pritamlal Parekh vs The President, Bhavnagar District ... on 3 March, 2022
"8. Under the circumstances, I am of the opinion that
the Labour Court committed an error in ordering
recovery of the alleged short payment of minimum wages
without there being full adjudication by the competent
authority or the Court. This is not to suggest that if
in a given case, the employer simply does not put in
defence to the claim of a workman of unpaid monetary
benefits, even then prior adjudication under the
industrial dispute or under some other Labour
Legislation would be a pre-condition to entertain the
recovery application under section 33C(2) of the
Industrial Disputes Act. Such case however, may be
different in nature and may require different scrutiny
and approach. The present case certainly falls within
the parameters of the decision of Division Bench in
case of Gujarat Water Supply and Sewerage Board and
anr. v. Ketanbhai Dinkarray Pandya(supra)."