STATE OF GUJARAT Vs. NALIN D BHATT

JUDGEMENT

(1.) Mr.I.M. Pandya, learned Assistant Government Pleader for the petitioners. None for the respondent though served.

(2.) The State Government, being aggrieved by the order dtd.26/11/1998 passed by the Labour Court, Rajkot in Recovery Application No.1702 of 1978 filed under sec.33-C-2 of the Industrial Disputes Act, 1947 (à ¢ ¬Sthe Actà ¢ ¬Ãƒ 1/2 for short), is before this Court.

(3.) Placing reliance upon a Judgement of the Supreme Court in case of State of U.P. Vs. Bri Nath Misra, 2005 8 SCC 58, it is submitted by the learned Assistant Government Pleader for the State that unless the rights of the respondents were adjudicated by a competent Labour Court, the Labour Court in proceedings under sec.33-C-2 of I.D. Act could not record a finding that there was no dispute regarding pre-existing rights or a benefit and the Labour Court could not issue directions under sec.33-C-2 of the Act.