Chief Project Engineer (Now Chief ... vs Rameshwar And Ors on 23 January, 2020
Therefore, when a claim is made before the
Labour Court under section 33C (2) that
court must clearly understand the limitations
under which it is to function. It cannot
arrogate to itself the functions-say of an
Industrial Tribunal which alone is entitled to
make adjudications in the nature of
determinations (i) and (ii) referred to above,
or proceed to compute the benefit by dubbing
the former as 'Incidental' to its main business
of computation. In such cases,
determinations (i) and (ii) are not 'Incidental'
to the computation. The computation itself is
consequential upon and subsidiary to
determinations (i) and (ii) as the last stage in
the process which commenced with a
reference to the Industrial Tribunal.