G. MURUGAN Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) Under assail is the writ order dtd. 19/4/2023 passed in W.P.No.23828 of 2014.

(2.) The writ petitioner is the appellant before this Court. The appellant was working as a Clerk in the 2 nd respondent Management. He served about 32 years. He was denied employment from 9/7/2012. Thus, an Industrial Dispute was raised under Sec. 2A(2) of the Industrial Disputes Act. The Labour Court passed an award directing the Management to pay compensation amount of Rs.31,200.00. Admittedly, the said amount was settled by the Management. The petitioner filed a Claim Petition in C.P.No.53 of 2013 claiming differential wages and bonus for the period of services rendered by him from 1/4/2006 to 8/7/2012. The said claim petition was partly allowed by the Labour Court, rejecting the claim petition to grant the differential wages for the entire period. The Labour Court rejected the claim mainly on the ground that the petition was filed beyond the period of one year as contemplated under Sec. 33C(2) of the Industrial Disputes Act.

(3.) Learned counsel for the appellant would mainly contend that the period of one year limit for filing the claim petition is contemplated under Sec. 33C(1) of the Industrial Disputes Act and the present Claim Petition was filed by the workman under sub-sec. (2) to Sec. 33C, wherein no limitation is contemplated. Therefore, the Labour Court as well as the Writ Court have not considered the scope of Sec. 33C(2) of the Industrial Disputes Act.