Rajbeer Singh v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak & Ors.
Case at a glance
Provisions considered
- Industrial Disputes Act, 1947 s. 33C(2)
Judgment
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MRS. JUSTICE NIRMAL YADAV Present: Shri Jagjeet Beniwal, Advocate for the petitioner Jasbir Singh, J. (Oral) Petitioner is a driver. He filed an application under Section 33C(2) of the Industrial Disputes Act, 1947, claiming wages for the overtime work done by him. His application was dismissed by the Industrial Tribunal-cum-Labour Court, Rohtak, by observing thus:-
On this issue it is admitted by the A.R. for the applicant that the applicant has no pre existing right in his favour and he is claiming the dues of over time through this application. It is held by the Apex Court that application under Section 33C(2) does not lie regarding to right which is not pre existing in favour of the applicant. Since the applicant has no pre existing right in his favour and he cannot claim the over time by filing the present application u/s 33-C(2) of the Industrial Dispute Act, 1947. Therefore, I decide this issue against the applicant and in favour of the Mgt.
CWP No.3503 of 2007 - 2 - We feel that the order passed is perfectly justified. The Court below has dismissed his application on the ground that the petitioner has no pre-existing right in his favour. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge March 08, 2007 ( Nirmal Yadav ) gk Judge
Questions this judgment answers
Which statutory provisions did this judgment involve?
Industrial Disputes Act, 1947 — s. 33C(2).
Which court decided this case, and when?
Punjab & Haryana High Court, on 08 Mar 2007. The bench was JASBIR SINGH, NIRMAL YADAV.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.