Law:

Section:

ACT: Industrial Disputes Act (14 of 1947), ss. 25 J, 31 and 33C- State Act applicable to industry-Application for compensation for lay off-Jurisdiction to decide. HEADNOTE: The respondents, who were the workmen of the appellant, applied to the Second Labour Court, Bombay, under s. 33C(1) of the Industrial Disputes Act, 1947, claiming compensation for lay-off during a certain period. The appellant contended that : (i) the Labour Court had no jurisdiction as the dispute fell to be tried under the C.P. and Berar Industrial Disputes (Settlement) Act, 1947; and (ii) the application under s. 33C was incompetent, because, it was not a claim for money due and calculations had to be made for ascertaining the money due. The Labour Court, as well as the High Court under Arts. 226 and 227 of the Constitution. rejected the contentions. In -the appeal to this Court. HELD : (i) The argument that the controversy was wrongly before Labour Court was entirely erroneous. Chapter V-A of the Industrial Disputes Act, which was inserted by s. 3 of the Industrial Disputes (Amendment) Act, 1953, is the only Chapter in which there is provision regarding lay off or compensation for lay off. Though the C.P. and Berar Act applies to the textile industry, it contain* no provision either for recovery of money or for compensation for lay off and they are not matters over which the C.P. and Berar Act has any jurisdiction. Therefore, if a workman has a claim for lay off, it can only come up for decision under the Industrial Disputes Act. Even if ss. 31 and 25J save the application of the C.P. and Berar Act, they do so, subject to the condition that the question of lay-off must be decided in accordance with Chapter V-A. Since s. 33C provides that a dispute for any money due under Chapter V-A has to go before the appropriate Government or its delegate, and since the delegate is the Second Labour Court, the respondents were entitled to go before the Labour Court to realise due from the appellant under Chapter V-A. [769 F] (ii) It is not essential that the claim which can be brought before the Government or its delegate under s. 33C(1) most always be for a predetermined sum. [769 G-H] Kays…

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