AI Structured Summary
Not yet generated for this judgment
Judgment
Amit Borkar, J
(1) RULE. Rule made returnable forthwith. Heard finally by consent of parties.
(2) By this Petition, the Petitioner is challenging the judgment and order dated 20/04/2017 passed by the Presiding Officer, Labour Court, Chandrapur in Application (IDA) No. 06/2015. The said Application was filed for recovery of amount of Rs. 1,85,798.74 along with interest @ 12% per annum. The said Application was contested by the Respondent by filing the reply. The Presiding Officer, Labour Court, by the judgment and order dated 20/04/2017, directed the Petitioner to pay an amount of Rs. 1,26,933.38 along with interest @ 9% per annum. The said judgment and order is the subject matter of challenge in the present Writ Petition.
(3) Learned Advocate for the Petitioner submitted that the Application under Section 33C(2) of the Industrial Disputes Act is not maintainable as there is neither settlement nor award nor the provisions under Chapter V-A and V-B are invoked.
(4) Learned Advocate for the Respondent is unable to show either settlement or the provisions under Chapter V-A and V-B being attracted.
(5) In that view of the matter, learned Advocate for the Petitioner is justified in submitting that the Application under Section 33C(2) of the said Act is not maintainable. Therefore, I am of the opinion that the Labour Court was not justified in passing the impugned order.
(6) Hence, the following order is passed:-
(a) The impugned judgment and order dated 20/04/2017 passed by the Presiding Officer, Labour Court, Chandrapur in Application (IDA) No. 06/2015 is quashed and set aside.
(b) The Respondent is at liberty to adopt appropriate Proceedings as are permissible in law. It is made clear that in case appropriate Proceedings are adopted by the Respondent, the period spent in prosecuting proceedings under Section 33C(2) and present Writ Petition shall be taken into consideration by the appropriate Authority as bonafide proceedings under Section 14 of the Limitation Act.
Rule is made absolute in the above terms. Pending
Application(s), if any, stand(s) disposed of.