AIR 1964 SUPREME COURT 752 ::1963 7 FacLR 304 ::1963 2 LabLJ 608 ::1963-64 25 FJR 179 ::1964 3 SCR 709 ::1963 2 SCWR 475

Supreme Court Of India

(From : Labour Court, Bombay)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta , JJJ

(A) Industrial Disputes Act (14 of 1947) , S.33C(2)— Claims by employees under S. 33C(2) based on direction in award - Objection by employer that direction was without jurisdiction - Jurisdiction of Labour Court to consider plea - Comparison of proceedings under Section 33C(2) with execution proceedings. Civil P.C. (5 of 1908) , S.47— The proceedings contemplated by S. 33C (2) are, in many cases, analogous to execution proceedings, and the Labour Court which is called upon to compute in terms of money the benefit claimed by an industrial employee is in such cases, in the position of an executing court; like the executing court in execution proceedings governed by the Code of Civil Procedure the Labour Court under S. 33C (2) would be competent to interpret the award on which the claim is based and it would also be open to it to consider the plea that the award sought to be enforced is a nullity. There is no doubt that if a decree put in execution is shown to be a nullity, the executing court can refuse to execute it. The same principle would apply to proceedings taken under S. 33C(2) and the jurisdiction of the Labour Court, before which the said proceedings are commenced. Industrial Tribunals which deal with industrial disputes referred to them under S. 10(1) (d) of the Act are, in a sense, Tribunals with limited jurisdiction. They are entitle....