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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)."
Gujarat High Court Cites 6 - Cited by 0 - A S Supehia - Full Document
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