Back wages cannot be implied from reinstatement alone where the award did not expressly grant that relief.

Section 33C(2) of the Industrial Disputes Act permits only enforcement of an existing, pre-determined monetary benefit or benefit capable of computation in money. Where an award grants reinstatement but is silent on back wages, no accrued right to back wages can be presumed from that silence, because a claim not granted is treated as denied. The Labour Court cannot use Section 33C(2) to create a new right to back wages by implication. The claim for back wages was therefore not maintainable on the basis of reinstatement alone.

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Issues: Whether back wages could be computed under Section 33C(2) of the Industrial Disputes Act, 1947 on the basis that an award of reinstatement implicitly included such relief, when the award did not expressly grant back wages.

Analysis: A proceeding under Section 33C(2) is available only to enforce a pre-existing right or benefit capable of computation in money. Where the reference under Section 10 of the Industrial Disputes Act, 1947 includes the question of appropriate relief, the Tribunal must decide whether reinstatement should be with full back wages, partial back wages, or none, after considering relevant facts and circumstances. If the award grants only reinstatement and is silent on back wages, no accrued right to back wages can be presumed, because what is claimed but not granted stands denied. The Labour Court under Section 33C(2) cannot create a new right to back wages by interpreting silence in the award as an implied grant.

Conclusion: The claim for back wages could not be maintained under Section 33C(2) on the footing of an implied right arising from the award of reinstatement alone.

Ratio Decidendi: Jurisdiction under Section 33C(2) extends only to enforcement of an existing, pre-determined monetary benefit or benefit computable in money, and not to adjudication or creation of a disputed right to back wages that was not expressly granted in the award.

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