SAILESH CHANDRA DEY Vs. LABOUR COURT AND ANR.

JUDGEMENT

(1.) PETITIONER is a former employee of M/s. Moloy Biri Company Ltd. of which the Secretary is respondent No. 2 herein. Petitioner was working as an Accountant and for some reason or the other he tendered resignation which was accepted. However, the sums due to him by way of leave salary, out -station allowance, gratuity, bonus, unpaid salary and Provident Fund were allegedly not paid to him. He, therefore, filed an application before the respondent No. 1, the statutory authority, claiming the amount under Section 33C(2) of the Industrial Dispute act, 1947 (for short, the Act). The application was resisted by the second respondent who contended, inter alia, that the petitioner had ceased to be "workman" of the second respondent on the date of the application under Section 33C(2) and hence he is not entitled to invoke Section 33C(2) of the Act. The Labour Court accepted this contention and rejected the application. Hence, the present petition filed under Article 226 of the Constitution.

(2.) SECTION 33C(2) reads as follows: -

(3.) THE definition begins with the words: