N. Sreenivasan, Director, A-One Milk vs N. Vidhyadharan and others

Antony Dominic, J.—The challenge in this writ petition is against Ext. p-3, an order passed by the 2nd Respondent in Claim Petition No. 40/2007 filed by the 1st Respondent invoking its power u/s 33-C (2) of the Industrial Disputes Act.

Admittedly, the claim was based on the award in ID 43/2001 rendered by the Industrial Tribunal, Kollam. By that award, the workmen was ordered to be reinstated with continuity of service and full back wages. This award has become final. It is claiming the monetary benefits arising out of this award that the workmen filed the claim petition. Counsel for the Petitioner contends that it was beyond the jurisdiction of the Labour Court in quantifying the benefits, and that such quantification is permissible only in a regular reference u/s 10 of the Industrial Disputes Act.

I am not persuaded to agree with the above contention. The reason is that, under the award, the workmen is entitled to reinstatement with continuity of service and full back wages. This necessarily means that the workmen is entitled to all monetary benefits as if he had continued in service. It is the settled position of law that in a proceedings u/s 33-C (2) of the Industrial disputes Act, the Labour Court is entitled to quantify the monetary benefits granted in an award. In this case, this is precisely what the Labour Court has done. The right of the workmen to receive monetary benefits having been accepted by the Labour Court while adjudicating the Industrial Dispute, there is absolutely no necessity for yet another dispute for quantifying the benefits. This is what is sought to be achieved in a proceeding u/s 33-C (2) of the I.D. Act. For these reasons, the quantification made by the Labour Court in Ext. PS is well within its jurisdiction and cannot be impugned.

Writ petition fails and is dismissed.

Learned Counsel for the Petitioner seeks for a breathing time for making payment of the amount ordered under Ext. P-3. It is directed that if payment of the full amount is made in two monthly instalments, the first instalment on or before 31st of January, 2009 and second instalment on or before 28th of February, 2009, the recovery proceedings shall not be initiated.