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Supreme Court of India 2022-02-04 allowed

Bombay Chemical Industries vs Deputy Labour Commissioner & Anr

Bench: 2 — M.R. Shah

In Brief

This appeal concerns the proper scope of the Labour Court's jurisdiction under Section 33(C)(2) of the Industrial Disputes Act when entitlement to wages is disputed. A workman claimed difference of wages, but the employer denied ever employing him. The Labour Court awarded the wages despite this dispute. The Supreme Court held that the Labour Court lacks jurisdiction under Section 33(C)(2) to adjudicate disputed questions about whether an employment relationship existed. Such fundamental disputes must first be resolved through reference under Section 10. The Court set aside the Labour Court and High Court orders, directing the workman to pursue appropriate proceedings to establish his employment status before claiming wages.

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Industrial Disputes Labour Law Jurisdiction Employer-Employee Relations Wage Claims Section 33(C)(2) IDA

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