Section 33-C(2) of the Industrial Disputes Act, 1947 and the Law of Limitation: A Wedlock or Dead-Lock
By
M. M. Ahuja
The purpose of this write up is to discuss the need whether S. 33C(2) of the Industrial Disputes Act, 1947 and the Limitation Act,
1963 should have a wedlock or a deadlock.
The legislative intention in providing for S. 33C(2) in nutshell has been to give an individual workman a speedy remedy for computation and recovery of his monetary and non monetary benefits in terms of money analogous to execution proceedings. For achieving this object, the said section had been amended a few times. It was last recast in 1964 and stands as under-
Section 33c(2): Recovery of Money Due from an Employer
xxxxxxxxxx
Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, ....