LABOUR COURT CANNOT ADJUDICATE DISPUTE OF ENTITLEMENT BETWEEN EMPLOYER AND EMPLOYEE: SUPREME COURT In the case of Bombay Chemical Industries v. Deputy Labour Commissioner and another, the Supreme Court held that under Section 33C (2) of the Industrial Disputes Act, 1947 (ID Act), the labour court cannot adjudicate upon the disputes of employer-employee relationship. In the present case the workman filed an application against their employer (Bombay Chemical Industries) before the labour court u/s 33C (2) of the ID Act, demanding difference of wages, however Bombay Chemical Industries denied existence of employer-employee relationship. The Labour Court approved the application and directed the employer to pay the difference of wages as claimed by the workman. Bombay Chemical Industries aggrieved by this order of the Labour Court filed a writ petition to the High Court, which was dismissed by the High Court and hence this petition was filed in the Supreme Court. A bench of Justice MR Shah and Justice BV Nagarathna observed that the Labour Court’s jurisdiction u/s 33C (2) of ID Act is that of an executing court and hence the Labour Court does not have jurisdiction to adjudicate the said application, it can only interpret the award or settlement on which the claim is based. Reddy and Reddy Law Firm has vast experience in labour laws and is well known for its expertise in Labour Laws. It regularly represents employers as well as employees in labour disputes in the appropriate judicial forums.
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