OM PRAKASH KHARKA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE writ petition is filed with the following prayers: -

(2.) THE application under Section 33 -C(2) has been rejected as per Annexure P -2 orders passed by the Labour Court wherein, it has been rightly held that the invocation of Section 33 -C(2) of the Industrial Disputes Act, 1947 can be held only for computation of the benefits already settled in the award or otherwise. Here is a case where the petitioners are actually making a disputed claim. In case the employer does not agree, the petitioners have to initiate the process under Section 10 of the Industrial Disputes Act. It is made clear that in the event of such dispute being pursued before the 4th respondent, the process for conciliation shall be initiated without delay and in case the conciliation process does not reach to any fruitful effect, the matter shall be reported to the Government immediately and thereafter, the Government shall consider the reference and will take a decision as to whether the dispute needs to be referred to Labour Court for adjudication of the dispute. The whole process shall be completed within a period of four months from the date of production of a copy of this judgment by the petitioners before the 4th respondent.