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        1972 (3) TMI 88 - SC - Indian Laws

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        Section 33C(2) relief remains available to a dismissed employee for pre-dismissal employment benefits and computable dues. Section 33C(2) of the Industrial Disputes Act is a remedial provision for computation and enforcement of existing monetary rights, functioning like an ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Section 33C(2) relief remains available to a dismissed employee for pre-dismissal employment benefits and computable dues.

                            Section 33C(2) of the Industrial Disputes Act is a remedial provision for computation and enforcement of existing monetary rights, functioning like an executing court. A dismissed employee may still invoke it for benefits that accrued during the employment period before dismissal, because the term "workman" is read in context and not confined to persons in current service. Where the claim concerns computable benefits arising from an existing employment right and does not challenge the dismissal itself, the Labour Court has jurisdiction to entertain the application.




                            Issues: Whether a dismissed workman can invoke Section 33C(2) of the Industrial Disputes Act, 1947 for computation of monetary benefits and salary relatable to a period when he was in employment.

                            Analysis: Section 33C(2) is intended to provide an individual workman a speedy remedy for enforcement and computation of existing rights, and its function is analogous to that of an executing court. The definition of "workman" in Section 2(s) must be read in the context of the provision invoked, and the opening words of the definition section allow the meaning to be moulded where the subject or context so requires. A narrow construction that confines Section 33C(2) only to persons still in service would enable an employer to defeat the remedy by dismissing the employee before the application is made, thereby frustrating the legislative purpose. The claim in this case related to benefits alleged to have accrued during the period of employment before dismissal and did not seek adjudication on the legality of the dismissal itself.

                            Conclusion: A dismissed employee may invoke Section 33C(2) in respect of existing monetary or computable benefits arising from the employment period prior to dismissal, and the Labour Court had jurisdiction to entertain the application.

                            Ratio Decidendi: For the purpose of Section 33C(2), the term "workman" includes a person who was employed during the period for which the computable benefit is claimed, even if he has ceased to be in service by the date of the application, so long as the claim concerns an existing right arising from the employment relationship.


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                            ActsIncome Tax
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