Development Corporation Of Konkan ... vs Jaiprakash Udaybeer Singh on 22 August, 2007
34. Further reliance on Dilip Singh Parocha and Ors. v. Mahalaxmi Co-op. Housing Society Ltd. and Anr. , wherein this Court has upheld the power of the Labour Court to decide whether the applicants are not "workmen" or the employer is or is not an "Industry". As noted above, there is no such challenged raised so far as on both these counts. The challenge is restricted only to the grant of monetary claim by declaring and/or re-assessing the wages/salary for the first time by the impugned judgment on the foundation of equal work equal pay. This judgment therefore also in no way supports the case of the respondent in view of the above decisions of the Supreme Court, as relied by the petitioner. The claim based on principle of equal pay for equal work not being a pre-existing right, same is not amenable in proceedings under Section 33C(2) of the I.D.Act. See Sudha Divekar x Oil & Natural Gas Commission, Bombay 1997 (3) Mah.L.J.529.