Central Inland Water Transport ... vs The Workmen & Anr on 23 April, 1974
Relying on Central Inland Water Transport Corporation
Ltd. vs. The Workmen & A nr., 1975 (1) SCR 153, in further
elaboration of his contention, he submitted that a
proceeding under Section 33C(2) of the Act is in the nature
of an execution proceeding wherein the Labour Court is to
calculate the amount of money due to a workman from his
employer, or if the workman is entitled to any benefit which
is capable of being computed in terms of money, to compute
the same. Therefore, he submits that an investigation of
the nature mentioned in the reference is possible and falls
outside its scope. If such an investigation is taken up by
the Labour Court it would amount to the exercising a
function of an Industrial Tribunal which alone is entitled
to make an adjudication on a question of award of back
wages. He submitted that the workmen in the present case
claimed that their services have been wrongfully terminated
and for an appropriate relief in that regard. Thus the
reference consisted of investigation as to the question
whether termination of the services of the workmen is
justified or not. If not, to what relief the workmen are
entitled to. Thus the question of award of back wages in
full or in part or none was within the scope of reference to
the Tribunal.