M/S Bombay Chemical Industries vs Deputy Labour Commissioner on 4 February, 2022
In the case of Bombay Chemical Industries Vs. Deputy Labour
Commissioner and Anr.1, the Hon'ble Apex Court considered the
jurisdiction of labour Court in the cases of recovery of money under
Section 33-C(2) of the Industrial Disputes Act. It was held that without
prior adjudication or recognition of disputed claim of workmen,
proceedings for computation of arrears of wages and/or difference of
wages claimed by workmen is not maintainable. It is held that benefits
sought to be enforced must be effective pre-existing benefits or one
flowing from pre-existing right. In the said case, there was no prior
1 (2022) 5 SCC 629
( 10 ) WP-691-1824-2020
adjudication on entitlement to receive money. The claim of the workman
therein that he was employed as a salesman by appellant was seriously
disputed. In that case, the labour Court had allowed the application. It
was held that the Labour Court ought to have relegated the parties to
initiate appropriate proceedings and get the right crystalized. The
impugned judgment and order passed by the trial Court under Section
33-C(2) of the Industrial Disputes Act was quashed and set aside.