Samudrapur Taluka Kharedi Vikri ... vs Bhaurao S/O Chanduji Mahakalkar ...
2023 Latest Caselaw 5376 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR

                                   WRIT PETITION NO. 8317/2019
Samudrapur Taluka Kharedi Vikri Sangha Vs.Ramkaran s/o Mangluji Gujarkar & Anr.
                                     WITH
                       WRIT PETITION NO. 8319/2019
  Samudrapur Taluka Kharedi Vikri Sangha Vs.Bhaurao s/o Chanduji Mahakalkar &
                                      Anr.
                                     WITH
                       WRIT PETITION NO. 8320/2019
Samudrapur Taluka Kharedi Vikri Sangha Vs. Vs. Bhaurao s/o Govindrao Mohitkar &
                                      Anr.
                                     WITH
                       WRIT PETITION NO. 8322/2019
 Samudrapur Taluka Kharedi Vikri Sangha Vs. Ramesh s/o Nathuji Awachat & Anr.
                                     WITH
                       WRIT PETITION NO. 8318/2019
Samudrapur Taluka Kharedi Vikri Sangha Vs. Nagorao s/o Govindrao Rajurkar & Anr.
                                     WITH
                       WRIT PETITION NO. 8321/2019
   Samudrapur Taluka Kharedi Vikri Sangha Vs. Vithal S/o Shamraoji Zade & Anr.
Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders

                                   Mr. M.R. Puranik, Advocate for petitioner
                                   Mr. S.S. Joshi, Adv. for Respondent No.1
                                   Mrs. M.A. Barabde, AGP for Respondent / State

                                   CORAM:        AVINASH G. GHAROTE, J.

DATED : 9th JUNE, 2023

The challenge in all these petitions is to the order dated 26/7/2019, passed by the learned Labour Court, Wardha in proceedings under Section 33-C(2) of the Industrial Disputes Act, 1947. Basic ground of challenge as raised by Mr. Puranik, learned counsel for the petitioner is that under Section 33- C(2) of the Industrial Disputes Act, 1947, the learned Labour Court has no power to adjudicate upon the

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claims made by the respondent -employees as the provisions under Section 33-C(2) of the Industrial Disputes Act, 1947 are in the nature of an execution. For this purpose, he relies upon the judgments in the cases of State of U.P. and another Vs. Brijpal Singh, (2005) 8 SCC 58; Central Inland Water Transport Corporation Limited Vs. The Workmen and another, (1974) 4 SCC 696; H.P. State Electricity Board and another Vs. Ranjeet Singh and others (2008) 4 SCC 241 and U.P. State Road Transport Corporation Vs. Birendra Bhandari, (2006) 10 SCC 211.

2. Mr. Joshi, learned counsel for the respondent-employees submits that the entitlement of the employees arose from the service rules and service book and therefore, it was permissible for the learned Labour Court for exercising power under Section 33-C(2) of the Industrial Disputes Act, 1947 to adjudicate the entitlements. In my considered opinion, the provisions under Section 33-C(2) of the Industrial Disputes Act, 1947, are in the nature of execution proceeding as indicated in the aforesaid judgments and the learned Labour Court has no power to adjudicate the claims made by the employees. That being the settled view of law, the impugned judgments cannot be sustained and are hereby quashed and set aside and the applications filed by respondents are dismissed.

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3. Needless to say, this would not prevent the respondents from initiating proceedings for claiming their entitlements in case it is so permissible to be under the relevant provisions of law.

JUDGE

MP Deshpande