Case Note & Summary
The case involved an appeal by the Punjab State Electricity Board against a decision related to an application under Section 33C(2) of the Industrial Disputes Act, 1947. The respondent, Avtar Singh, contended that despite the availability of workmen, the Board refused to take work from them without terminating their services. The court noted that such an issue could constitute an industrial dispute, which should be referred by the appropriate Government under Section 10 of the Act. The respondent's counsel acknowledged that an industrial dispute had subsequently been raised, which included the issue of salary payment for the period from June 1997 to November 1999. The court concluded that the application under Section 33C(2) was not maintainable and allowed the appeal with observations regarding the consideration of salary payment in the reference case. No costs were awarded.
Headnote
A) Industrial Disputes - Maintainability of Application - Application under Section 33C(2) not maintainable - Industrial Disputes Act, 1947, Section 33C(2) - The court held that the application under Section 33C(2) was not maintainable as the issue raised pertained to an industrial dispute that warranted reference under Section 10. The court noted that the respondent's contention regarding salary payment would be considered in the appropriate reference case. Held that the appeal was allowed with observations (Paras Not mentioned).
Issue of Consideration
Whether the application under Section 33C(2) of the Industrial Disputes Act was maintainable.
Final Decision
The Supreme Court allowed the appeal, holding that the application under Section 33C(2) of the Industrial Disputes Act was not maintainable and that the issue of salary payment would be considered in the appropriate reference case.
Law Points
- Industrial Disputes Act
- 1947
- Section 33C(2)
- Section 10
- maintainability of application
- industrial dispute
- salary payment
