Whether workman himself file application to recover his other dues u/s 33c(2)
skg
(Querist) 13 August 2013
This query is : Resolved
Dear experts,
A workman in his illlegal termination case have stated and also given evidences that at the time of his termination he was not given various dues as per his service conditions and terms of appointment letter and also his termination was illegal for non compliance of Sec 25F,25G,25O,25 N and patently false reason of recession.
He won his case but instead of reinstatement and full backwages of 5 years he was given compensation with a line in judgement of labour court which is as follows
"The amount of compensation will not cause any hindrance in the other dues of
the workman & for future employment in other group of companies"
My question to experts is
1) Whether these lines implies that labour court decision itself was incomplete since it didn't decide the fact that workman has mentioned in his claim to solve the dispute of his other dues not given at the time of termination?
2) Whether workman have to give another application u/s 33 C(2) for recovery of other dues in labour court again or appeal to High Court thru filing a writ under 226 for these other dues also while challenging this award for his reinstatement and full backwages.
3) If in case it is not admissible to recover these 'other dues' in HIgh Court
can he file himself an application by filing Form K3 for recovery of these 'other dues' u/s 33C(2)in labour court without hiring any lawyer
rgds
skg
Devajyoti Barman
(Expert) 14 August 2013
1. COMPENSATION ISSUE IS LEFT OPEN.
2.File Writ.
3.yes sure.
Raj Kumar Makkad
(Expert) 16 August 2013
It shall be better to claim under section 33C(2) instead of making it part of appeal to be filed before high court because if the appeal is not admitted, the claim to that effect cannot be made before any authotiy.
