Central Inland Water Transport ... vs The Workmen & Anr on 23 April, 1974
Learned counsel for the petitioners submits that the learned
Labour Court proceeded on an erroneous approach, while passing the
impugned order because the respondent-workman was not having any pre-
existing claim. Proceedings under Section 33-C (2) of the ID Act were in
the nature of execution, which would be available to the respondent-
workman only if he had any pre-existing right or if the same was
specifically provided under the statute. She further submits that learned
Labour Court exceeded its jurisdiction while passing the impugned order
awarding the amount which was based on a disputed claim. She relies upon
the judgment of the Hon'ble Supreme Court in Central Inland Water
Transport Corporation Ltd. v. The Workmen and another, 1974 (4)
SCC 696. Finally, she prays for setting aside the impugned order by
allowing the present writ petition.