DIVISIONAL CONTROLLER Vs. NIRMALSINH NATUBHA CHUDASAMA

JUDGEMENT

(1.) Order dated 25/12/2014 rendered in Recovery Application No.4 of 2010 by the Labour Court, Rajkot under Sec. 33C(2) of the Industrial Disputes Act, 1947 (for short the Act) is assailed in this petition under Art. 227 of the Constitution of India.

(2.) From the rival submissions, the question which falls for consideration of this Court is as to whether the Labour Court had jurisdiction to adjudicate upon the disputed claims under Sec. 33C(2) of the Act.

(3.) The question arises in the light of the fact that the respondent No.1-workman availed of the medical aid with notified private Krishna Hospital with a cap of reimbursement of Rs.35,000.00 as indicated in the GR dated 09/09/2005 adopted by the petitioner herein. However, it is required to be noted that the above said cap would not be applicable, if the treatment is taken in Government hospitals or the hospitals managed by the trust. Respondent No.1-workman incurred medical expenses in the sum of Rs.95,000.00. He applied for reimbursement which was sanctioned within limits of the cap above. Instead of raising the industrial dispute, the workman preferred to invoke jurisdiction of the Labour Court under Sec. 33C(2) of the Act.