AIR 1959 ANDHRA PRADESH 435 ::(1958) 2 LabLJ 568 ::1958 MadLJ(Cri) 828 ::(1958) 2 Andh WR 374

Andhra Pradesh High Court

Hon'ble Judge(s): P. Jaganmohan Reddy , J

Industrial Disputes Act (14 of 1947) , S.25F, S.25I— (Before its amendment by Act 36 of 1956) - Scope - Dispute between employee and workman on question of retrenchment and amount due to workman - Government has no authority to determine - Order determining amount and action u/S.25-I for its recovery - Legality. Before any money can be said to be due there must be an adjudication of the dispute between the employer and the employee both as to the question of retrenchment as well as to the amount due. The Assistant Secretary, Labour Department, is not the authority who can determine these questions under the Industrial Disputes Act. In fact there is no such provision in the Act except S. 10 under which it is possible in the case of dispute between the employer and the workmen to bring the matter to the notice of the Government and to pray for a reference of the dispute to a Tribunal under the provisions of the Industrial Disputes Act. The language of S. 25(1) clearly envisages a predetermination of the amount due before any action can be taken, and when the amount claimed by the workman is challenged by the employer, the Government not being vested with the authority to determine such a dispute, it cannot be said that them has been a predetermination of that dispute by fixing the liability to pay and consequently no amount can be said to be due which can be r....