A Division Bench of Justices MR Shah and BV Nagarathna in its recent decision has held that under Section 33(C)(2) of the Industrial Disputes Act (ID Act), 1947, it is not open for the Labour Court to entertain disputed questions and adjudicate upon the employer-employee relationship.
It further observed that under Section 33(C)(2) of the ID Act, the Labour Court's jurisdiction is like that of an executing court and it can only interpret the award or settlement on which the claim is based.
"As per the settled proposition of law, in an application under Section 33(C)(2) of the Industrial Disputes Act, the Labour Court has no jurisdiction and cannot adjudicate dispute of entitlement or the basis of the claim of workmen. It can only interpret the award or settlement on which the claim is based," the Bench has stated in its decision.
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