KARUNAKARAN NAIR Vs. DHANALAKSHMI BANK LTD

JUDGEMENT

(1.) The question which arises in this case is whether the petitioner is right in contending that the subsistence allowance claimed by him under the Kerala Payment of Subsistence Allowance Act, 1972 is a matter which is within the purview of the Labour Court to decide under S.33-C(2) of the Industrial Disputes Act, 1947. The court held by the impugned order that it had no such power by reason of S.4 of the Kerala Payment of Subsistence Allowance Act.

(2.) S.4 of the Subsistence Allowance Act, in so far as it is material, reads:

(3.) The decision of the Labour Court under S.33-C (2), when communicated to the Government, is enforceable as expeditiously as in the case of a decision of the Government under S.4 of the Subsistence Allowance Act, that is, by recourse to the Kerala Revenue Recovery Act. S.33-C (4) is, therefore, not inconsistent with or contrary to the provisions of S.4 of the Subsistence Allowance Act.