Pre-existing right

Labour and Industrial laws by P.K.Padhi

Chapter 2 The Industrial Disputes Act 1947, Page 233:

“The benefit sought to be enforced under S.33C(2) is necessarily a pre-existing benefit or one flowing from a pre-existing right. The difference between a pre existing right or benefit on the one hand and the right or benefit which is considered just and fair on the other is vital. The former falls within the jurisdiction of the Labour Court exercising power under S.33C(2) of the Act while the later does not .When a question arises as to the adjudication of a claim for back wages, all relevant circumstances which will have to be gone into are to be considered in a judicious manner. Therefore, the appropriate forum where in such question of back wages could be decided is only in proceeding to whom a reference under S.10 of the Act is made. To state that merely upon reinstatement, a workman would be entitled, under the terms of award, to all his arrears of pay and allowances would be incorrect because several factors will have to be considered to find out whether the workman is entitled to back wages at all and to what extent.