RAM LAKHAN SINGH Vs. ASSAM BEVERAGE CO.

JUDGEMENT

(1.) THIS Civil Rule has been filed to quash the impugned order dated December 13, 1989 Annexure -II passed by the learned Labour Court, Assam at Guwahati in Misc. Case No. 9/85 with a prayer for further direction that the Labour Court may be directed to proceed with the Reference Case No. 8/86 pending before it. By that impugned order, the Labour Court held that the application made by the petitioner under Section 33C(2) of The Industnal Disputes Act is not maintainable. The ground on which the petition was rejected will be discussed later on, 2. The brief facts are as follows:

(2.) THE Labour Court on consideration of the materials on record came to the following finding:

(3.) IT is settled law that if any matter or claim is to be entertained under Section 33(C)(2), there must be an existing right and the right must arise under an award, settlement or under provision of Chapter V (A) or it must be the benefit provided by the statute and the claim made thereunder and there must be nothing contrary under subsidy or Section 33(C)(2) (See AIR 1968 SC 218) Chief Mining Engineer, East India Coal v. Rameswar. In AIR 1974 SC Page 1604 Central Inland Water Transport Corporation v. Workmen and Anr., the Supreme Court pointed out as follows in paragraphs 12 and 13: