KRISHI UPAJ MANDI Vs. RAMESHWAR KOLDE

JUDGEMENT

(1.) This writ appeal under section 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 28.6.2006 passed by learned Single Judge in Writ Petition No.2859/1995.

(2.) The writ petition in turn was directed against an order dated 16.4.1995 passed by Labour Court in Industrial Case No.9/1992; whereby, an application preferred by respondent No.1 under section 33C(2) of Industrial Disputes Act, 1947 seeking realization of the amount deducted towards Provident Fund along with interest was allowed.

(3.) Learned Single Judge thereafter on the basis of pleadings on record and without disputing the proposition that entitlement of an employee cannot be adjudicated upon by creating a right by Labour Court in exercise of its power under section 33C(2), Industrial Disputes Act, 1947 observed that in the case at hand the Labour Court having not adjudicated upon the right of respondent employee with regard to the entitlement but quantified the amount which he was entitled to receive from the appellant-petitioner dismissed the writ petition holding that "since the Labour Court has neither adjudicated upon the right of the respondent employee nor has also create a right but right to recover the said amount which was already deducted from the salary of respondent employee was already in existence, therefore, the said right has merely been executed by the Labour Court and thus no fault can be found by the Labour Court in passing the award".