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1 - 10 of 11 (0.28 seconds)Section 33C in The Industrial Disputes Act, 1947 [Entire Act]
The Minimum Wages Act, 1948
The Companies Act, 1956
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
State Bank Of India vs Ram Chandra Dubey & Ors on 14 November, 2000
In State Bank of India v. Ram Chandra Dubey, (2001) 1 SCC
73, Supreme Court had occasion to consider a case where Labour Court
ordered to reinstate the workman without back wages and workman
subsequently approached Labour Court under Section 33C(2) of ID Act
claiming back wages. Labour Court exercised its power and granted back
wages. The order of Labour Court came to be upheld by Delhi High Court.
Municipal Corporation Of Delhi vs Razak on 20 October, 1994
11.1 Supreme Court in MCD v. Ganesh Razak, (1995) 1 SCC 235
considered question of maintainability of application under Section 33C(2)
where daily workers on the principle of same pay for same work were
claiming wages at par with regular employees. The Court held that question of
wages at par with regular employees has not been settled, thus, application
under Section 33C(2) is not maintainable. The Court held:
Article 14 in Constitution of India [Constitution]
M/S Bombay Chemical Industries vs Deputy Labour Commissioner on 4 February, 2022
"10. Applying the law laid down by this Court in the
aforesaid decisions to the facts of the case on hand, when there
was no prior adjudication on the issue whether Respondent 2
herein was in employment as a salesman as claimed by
Respondent 2 herein and there was a serious dispute raised
that Respondent 2 was never in employment as a salesman and
the documents relied upon by Respondent 2 were seriously
disputed by the appellant and it was the case on behalf of the
appellant that those documents are forged and/or false,
thereafter the Labour Court ought not to have proceeded
further with the application under Section 33-C(2) of the
Industrial Disputes Act. The Labour Court ought to have
relegated Respondent 2 to initiate appropriate proceedings by
way of reference and get his right crystalised and/or
adjudicated upon.