Regarding Application u/s 33 C(2)
skg
(Querist) 08 July 2011
This query is : Resolved
During pendency of an ongoing labour case of illegal termination with cross examination of worker evidence is still
due,can a worker file an application u/s 33 C(2) for recovery of some dues which management says that workman is not
entitled whereas the workman has produced in its evidence the employee welfare policies where this due was pre existing for his level of employees and since they have received so he is also entitled.
If he is entitled what is the procedure to file application u/s 33 C (2) and whether he can file this application without the help of lawyer since lawyer is saying that we can file this application only after cross examination stage when the management is not able to prove our evidence of this due. Is he right?
Which is the form for this application and from where on internet this application form can be obtained.
rgds
skg
Jai Karan Nagwan
(Expert) 11 July 2011
One can file an application even the suit of termination is pending, but workmen has to prove pre-existing, existing, recognised, admitted and decree or award.
court can not decide the entitlement of worker, since application being in the nature of execution proceeding.
