NAGAR COUNCIL, KAPURTHALA Vs. DAVINDER KUMAR

JUDGEMENT

(1.) Having heard learned counsel for the parties,as we are of the opinion that for establishing their claim that they were entitled for wages for working on Saturdays and Sundays, the workmen must establish their legal right in the proceedings under Section 33-(C)(2) of the Industrial Disputes Act,1947 wherefor they had been granted liberty to move the appropriate Labour Court in this behalf by this Court in Municipal Employees Union(Regd) Sirhind & Ors. Vs. State of Punjab and Ors., 2000 9 SCC 432, the impugned judgment would not come on the way of the appellants herein in raising all contentions before the Labour Court if and when such applications are filed.

(2.) In this view of the matter, we are of the opinion that it is not necessary for us to interfere with the impugned judgment at this stage. We may notice that in Civil Appeal No. 5873 of 2006 disposed of on 15.12.2006, this Court observed as under: "5. An application under Section 33-C(2) would be maintainable if the workmen has a legal right in relation to his claim. They will have to establish the same. In such a proceeding, undisputedly the appellants shall be entitled to raise all contentions before the Industrial Court. We, therefore, do not find any merit in these appeals. 6. The appeals are dismissed."

(3.) For the reasons stated hereinbefore, these appeals are disposed of. C. A. No.1155/2003,C.A.1370/2008@ SLP(C)Nos.21642/2003, C.A.1372/2008(@ SLP(C) No.21644/2003)