P&H: Upholds Labour Court’s Order Granting Back Wages to Reinstated Worker as Management cannot, at stage of computation, reopen substantive entitlement already determined in original proceedings

(i) Industrial Disputes Act, 1947, Ss. 33-C(1) and 33-C(2) — Difference between S. 33-C(1) and S. 33-C(2) -- S.33-C(1) provides summary mechanism for recovery of money due to workman under settlement, award or under provisions of Chapter V-A, whereas S. 33-C(2) confers wider jurisdiction upon...

(ii) Industrial Disputes Act, 1947, Section 33-C(2) — Recovery of amount due from an employer — Where termination has already been held illegal by final award and reinstatement with 50% back wages has already been directed and Award attained finality — Proceedings initiated therefore founded upon...

(iii) Industrial Disputes Act, 1947, Sections 33-C(1) and 33-C(2) — Limitation — Once Labour Court is found to have jurisdiction u/S. 33-C(2), limitation specifically prescribed for an application u/S. 33-C(1) cannot be mechanically imported so as to defeat the jurisdiction otherwise conferred by S. 33-C(2)...

(iv) Industrial Disputes Act, 1947, S. 33C(2) — Recovery of money due from employer — Computation of monetary benefit — Award attained finality — Management cannot, at stage of computation, reopen substantive entitlement already determined in original proceedings. (Paras 26).