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Issues: (i) Whether the Labour Court had jurisdiction under Section 33-C(2) of the Industrial Disputes Act, 1947 to determine the respondent's entitlement when the employer raised a plea of discharge. (ii) Whether arrears of salary can be treated as a benefit computable in terms of money under Section 33-C(2) of the Industrial Disputes Act, 1947.
Issue (i): Whether the Labour Court had jurisdiction under Section 33-C(2) of the Industrial Disputes Act, 1947 to determine the respondent's entitlement when the employer raised a plea of discharge.
Analysis: The jurisdiction under Section 33-C(2) is wide enough to enable the Labour Court to decide incidental questions necessary for computing the amount due. Where the employer pleads discharge of the claim, the Court can determine that question as a jurisdictional and incidental issue in order to decide the application for computation of the workman's entitlement.
Conclusion: Yes. The Labour Court had jurisdiction to decide the plea of discharge and to proceed with the computation.
Issue (ii): Whether arrears of salary can be treated as a benefit computable in terms of money under Section 33-C(2) of the Industrial Disputes Act, 1947.
Analysis: Section 33-C(2) is not confined to non-monetary benefits. A claim for salary at a stated rate, or arrears of salary on that basis, is a benefit capable of computation in money. The expression "computed" includes simple calculation and is not limited to complex arithmetical processes.
Conclusion: Yes. Arrears of salary are a benefit that can be computed under Section 33-C(2).
Final Conclusion: The petition challenging the Labour Court's order fails, and the computation order was within jurisdiction.
Ratio Decidendi: Section 33-C(2) of the Industrial Disputes Act, 1947 empowers the Labour Court to determine incidental questions necessary for computation and includes monetary claims such as arrears of salary within the expression "benefit" capable of being computed in terms of money.