AJAY ENGINEERS Vs. SHIVLAL RAMLAYAKSING KURMI

JUDGEMENT

(1.) The challenge in this petition is to the order passed by the Labour Court, Ahmedabad in Recovery Application No. 318 of 2012 dtd. 21/10/2016 and the order below Review Application No. 1 of 2017 dtd. 8/8/2018. By the order dtd. 21/10/2016, the petitioner has been directed to pay an amount of Rs.3,35,790.00 towards overtime wages to the respondent. When that order of the Labour Court was challenged by way of review, by order dtd. 8/8/2018, the review was dismissed as not maintainable.

(2.) While issuing notice in this petition, the court on 18/2/2020 passed the following order:

(3.) Mr. Yogen Pandya, learned advocate appearing for the petitioner would rely on a decision of the Apex Court rendered in the case of Bombay Chemical Industries vs. Deputy Labour Commissioner and Another reported in (2022) 5 SCC 629 by which the court considering the issue of Sec. 33C(2) of the Industrial Disputes Act has held that in all cases where there is a dispute regarding the entitlement, jurisdiction under Sec. 33C(2) cannot be invoked. Paragraphs no. 6 to 14 of the decision read as under: