S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can’t Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can’t Enter Adjudicatory Process To Decide Disputed Facts

Case: Sadbhav Engineering Limited V/S Ghanshyambhai B Pandya & 1 Other(S)

Coram: Justice AY Kogje

Case No.: C/SCA/7721/2018

Court Observation: “As per the settled proposition of law, in an application under Section 33(C)(2)of the Industrial Disputes Act, the Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or the basis of the claim of workmen. It can only interpret the award or settlement on which the claim is based. As held by this Court in the case of Ganesh Razak and Anr. (supra), the labour court’s jurisdiction under Section 33(C)(2) of the Industrial Disputes Act is like that of an executing court.”

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