LAWS(KAR)-1965-3-6

GOPALAKRISHNA WEAVING MILLS Vs. LABOUR COURT HUBLI

Decided On March 16, 1965
SRI GOPALAKRISHNA WEAVING MILLS Appellant
V/S
LABOUR COURT, HUBLI Respondents

JUDGEMENT

(1.) The petitioner, who is an employer, has filed this writ petition for a writ of certiorari quashing the orders passed against him by the labour court at Hubli.

(2.) The labour court has directed the petitioner to pay Rs. 5,172.26 towards retrenchment compensation under S. 25FFF of the Industrial Disputes Act (hereinafter referred to as the Act). This order was made on applications made by the workmen under S. 33C of the Act. The main grievance of the petitioner is that the labour court had no jurisdiction under S. 33C of the Act to order the recovery.

(3.) Section 33C provides for recovery of money due from an employer. The labour Court has mainly relied upon Sub-section (2) of S. 33C as giving jurisdiction to determine the amount due from the employer. In our opinion, the view taken by the labour court is wholly erroneous. All that Sub-section (2) provides is that :