DARSH AMITBHAI SHETH Vs. NIRMAL PRITIBEN TAILOR

JUDGEMENT

(1.) The petitioner being aggrieved by order dtd. 17/12/2022 below Exh.5, passed by the Labour Court, Ahmedabad in Recovery Application No. 395 of 2022 has preferred this petition. Under order dtd. 17/12/2022, the Labour Court rejected the application of the present petitioner, wherein preliminary objection was raised in relation to jurisdiction of the Labour Court to entertain the application filed by the respondent workmen under Sec. 33C(2) of the Industrial Disputes Act, 1947 ('the Act' for short). The facts in brief as referred in the memo of petition are as under: -

(2.) The respondent herein filed an application under Sec. 33C(2) of the Act seeking recovery of his entitlement for the work he performed in the establishment of the petitioner. It is the case of the respondent in the application under Sec. 33C(2) that provisions of Industrial Disputes Act , Payment of Wages Act , Payment of Gratuity Act , Payment of Bonus Act and Minimum Wages Act would be applicable in his case. It was case in the application that the respondent had worked with the petitioner establishment from 25/10/2010 till April, 2022 i.e. month in which his services were terminated. As he had worked continuously, he is entitled for the salary of February and March, 2022, as also for overtime and bonus as per provisions of the Bonus Act . The respondent, therefore filed an application seeking amount of Rs.1,10,652.00 from the petitioner establishment.

(3.) Heard learned advocate Mr. Kapadia for the petitioner. He submitted that in absence of any evidence in relation to the employment of respondent with the present petitioner, the application filed under Sec. 33C(2) is not maintainable. In absence of any pre-existing right in favour of the respondent herein the Labour Court has no jurisdiction to entertain such application filed under Sec. 33C(2) of the Act.