Case Note & Summary
The petitioner, Gosai Pravingiri Dharmgiri, was appointed as a Chemist on 18.05.1981 with respondent No.1, Ashok Organic Industries Ltd., at Vadodara. He was promoted to Plant In-charge w.e.f. 01.06.1994 and further promoted as Senior Officer (MCA Plant) w.e.f. 01.07.1999. On 06.11.2000, he was transferred to Ashok Alco-Chem Ltd., Mahad (Maharashtra) with continuity of service. Despite the subsisting employer-employee relationship, the respondents failed to pay lawful wages and dues. On 06.05.2011, the name of respondent No.1 changed from Ashok Organic Industries Ltd. to Kumaka Industries Ltd. Since the respondents failed to pay the lawful dues, the petitioner filed Recovery (C-2) Application No. 27 of 2019 under Section 33-C(2) of the Industrial Disputes Act, 1947 before the Labour Court, Vadodara, seeking computation and recovery of monetary benefits. The Labour Court, vide order dated 24.04.2025, rejected the application on the ground of considerable delay. Aggrieved, the petitioner filed the present petition under Articles 226 and 227 of the Constitution of India. The High Court held that the Labour Court ought to have considered the application on merits rather than dismissing it solely on the ground of delay, as the non-payment of wages constitutes a continuing wrong. The court set aside the impugned order and remanded the matter to the Labour Court for fresh adjudication on merits, directing the Labour Court to decide the application within six months from the date of receipt of the order.
Headnote
A) Industrial Disputes Act, 1947 - Section 33-C(2) - Recovery of Monetary Benefits - Delay - The Labour Court rejected the application on the ground of considerable delay without examining the merits. The High Court held that in recovery proceedings, a liberal approach should be adopted and delay should not be a ground to reject the claim if the workman is entitled to benefits. The matter was remanded for fresh adjudication on merits. (Paras 3-5) B) Industrial Disputes Act, 1947 - Section 33-C(2) - Continuing Wrong - The non-payment of wages and dues constitutes a continuing wrong, and the claim is not barred by limitation. The High Court observed that the Labour Court ought to have considered the application on merits rather than dismissing it on delay. (Paras 3-5)
Issue of Consideration
Whether the Labour Court was justified in rejecting the recovery application under Section 33-C(2) of the Industrial Disputes Act, 1947 solely on the ground of delay, without considering the merits of the claim.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 24.04.2025 passed by the Labour Court, Vadodara, and remanded the matter to the Labour Court for fresh adjudication on merits, directing the Labour Court to decide the application within six months from the date of receipt of the order.
Law Points
- Section 33-C(2) of Industrial Disputes Act
- 1947
- Recovery of monetary benefits
- Continuing wrong
- Liberal approach to delay
- Articles 226 and 227 of Constitution of India
