PUNJAB BEVERAGES PVT. LTD., CHANDIGARH versus SURESH CHAND AND ANR.

PUNJAB BEVERAGES PVT. LTD., CHANDIGARH versus SURESH CHAND AND ANR.

Contravention of Section 33(2)(b) does not render the order of dismissal void and inoperative. Applications under Section 33C(2) for determination and payment of wages cannot be maintained solely on the basis of contravention; such a right arises only after adjudication under Section 33A or Section 10 that the order was not justified and reinstatement was granted.

Parties
Appellant: Punjab Beverages Pvt. Ltd., Chandigarh; Respondent: Suresh Chand; Respondent: Jagdish Singh
Jurisdiction
India
Judgment Date
21 February 1978
Procedural Posture
Civil Appeals Nos. 1375, 1384, and 2820 of 1977 / Appeal From Labour Court Orders; Decision on Special Leave
Outcome
Appeals allowed
Legal Topics
Maintainability of Application Under Section 33 C(2), Effect of Contravention of Section 33(2)(b), Interpretation of Industrial Disputes Act, 1947, Sections 31, 33, 33 a, 33 C(2)
Labour Law Industrial Law Maintainability of Application Under Section 33 C(2) Effect of Contravention of Section 33(2)(b) Interpretation of Industrial Disputes Act, 1947, Sections 31, 33, 33 A, 33 C(2)

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Parties

Punjab Beverages Pvt. Ltd., Chandigarh

Appellant

Suresh Chand

Respondent

Jagdish Singh

Respondent

Procedural Posture

Civil Appeals Nos. 1375, 1384, and 2820 of 1977 / Appeal From Labour Court Orders; Decision on Special Leave

Legal Issues

  1. 1 Whether contravention of Section 33(2)(b) renders order of dismissal void and inoperative
  2. 2 Maintainability of application under Section 33C(2) for determination and payment of wages

Ratio Decidendi

Contravention of Section 33(2)(b) does not render the order of dismissal void and inoperative. Applications under Section 33C(2) for determination and payment of wages cannot be maintained solely on the basis of contravention; such a right arises only after adjudication under Section 33A or Section 10 that the order was not justified and reinstatement was granted.

Court Disposition

Appeals allowed

Orders

  • Labour Court's orders converting arrears of wages to compensation not set aside given demands of social justice; amounts to be treated as compensation.
  • Amounts already paid by appellant to workmen to be adjusted against amounts ordered by Labour Court.