Needs more expert advice on application u/s 33 c(2)
skg
(Querist) 12 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
Raj Kumar Makkad
(Expert) 12 July 2011
I do agree with your lawyer and further suggest to take the services of your lawyer as he is already known of entire facts and nature of ongoing litigation between you and management.
Kirti Kar Tripathi
(Expert) 13 July 2011
I am not agree with your lawyer as proceedings under Section 10 i.e. adjudication proceedings (Regarding termination case, as you stated) and proceedings under Section 33-C(2) of the I.D.act are distinct and separate. there is no relation and or connection between these proceedings. In case, your claim are based on your existing rights prior to your termination, you have full right to invoke jurisdiction Section 33-C(2).
