MITA SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order of the presiding Judge, 1st Labour Court in refusing to pass any order in an application filed by the petitioner under Section 33C(2) of the Industrial Disputes Act, 1947 is the subject matter of challenge in this writ petition. The said relief was refused on the ground that the order passed under Section 15(2)(b) of the Industrial Disputes Act, 1947 is not an award which is capable of being executed under Section 33C(2) of the Industrial Disputes Act.

(2.) It appears from the record that the learned Judge of the 3rd Industrial Tribunal in an application filed by the petitioner under Section 15(2)(b) of the Industrial Disputes Act, 1947 has awarded interim relief in favour of the petitioner by reason of failure on the part of the employer, namely, the respondent No.3 to pay the amounts in terms of the said order. The petitioner filed an application under Section 33C(2) seeking a direction upon the company to compute the amount in terms of the order passed under Section 15(2)(b) of the Industrial Disputes Act along with other statutory benefits to which the petitioner is entitled to under the said order.

(3.) The only objection taken by the company seems to be that the order passed is in the nature of interim relief and not an award which is capable of being executed in a proceeding under Section 33C(2) of the Industrial Disputes Act. The petitioner is not having any existing right nor any right is arising out of an award which can be enforced in a proceeding under Section 33C(2) of the Industrial Disputes Act.