RAMKRISHNA RAMNATH BIDI MANUFACTURING KAMPTEE Vs. PRESIDING OFFICER LABOUR COURT AT NAGPUR
LAWS(BOM)-1962-8-2
HIGH COURT OF BOMBAY (FROM: NAGPUR)
Decided on August 25,1962

RAMKRISHNA RAMNATH BIDI MANUFACTURING, KAMPTEE Appellant
VERSUS
PRESIDING OFFICER, LABOUR COURT AT NAGPUR Respondents


Referred Judgements :-

UNITED COLLIERIES LTD. V. ITS WORKMEN [REFERRED TO]
INDER SINGH AND SONS LTD. V. THEIR WORKMEN [REFERRED TO]
INDIAN CO-OPERATIVE NAVIGATION AND TRADING CO.LTD. V. PADAMSEY [REFERRED TO]
BENG.NAGPUR COTTON MILLS LTD. V. STATE OF M.P. [REFERRED TO]
SOUTH ARCOT ELECTRICITY DISTRIBUTION CO. LTD. V. ELUMALAI [REFERRED TO]
KASTURI AND SONS PRIVATE LIMITED VS. N SALIVATESWARAN [REFERRED TO]
PUNJAB NATIONAL BANK LIMITED VS. K L KHARBANDA [REFERRED TO]
AMARSINHJI MILLS LTD VS. NAGRASHNA M N [REFERRED TO]
SAVATRAM RAMPRASAD MILLS CO LTD VS. BALIRAM UKANDAJI [REFERRED TO]
HANSRAJ GUPTA VS. DEHRA DUN-MUSSOORIE ELECTRIC TRAMWAY CO LTD [REFERRED TO]
JHAGRAKHAND COLLIERIES PRIVATE, LIMITED VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [REFERRED TO]



Cited Judgements :-

SHER SINGH VERMA VS. RUP CHANDRA [LAWS(DLH)-1965-8-5] [REFERRED]
P K PORWAL VS. LABOUR COURT NAGPUR [LAWS(BOM)-1966-12-7] [REFERRED TO]
S T P LIMITED VS. SECOND LABOUR COURT [LAWS(CAL)-2002-1-34] [REFERRED TO]
DEPUTY ENGINEER ZILLA PARISHAD WORKS SUB DIVISION NAGPUR VS. SHANTARAM RAMAJI [LAWS(BOM)-1996-2-44] [REFERRED TO]
SHER SINGH VARMA VS. RUP CHANDRA [LAWS(P&H)-1965-8-2] [REFERRED TO]
UNION OF INDIA VS. PRESIDING OFFICER, CENTRAL GOVT. LABOUR COURT [LAWS(ALL)-1986-9-76] [REFERRED TO]
SHAM SUNDER BERI VS. PRESIDING OFFICER LABOUR COURT JALANDHAR [LAWS(P&H)-1999-9-27] [REFERRED TO]
RAMESH SHAMJI THAKKAR VS. CHHOTELAL MAHAVIR [LAWS(BOM)-1991-10-80] [REFERRED]
J.K. GINNING AND PRESSING FACTORY VS. THE PRESIDING OFFICER, SECOND LABOUR COURT, AKOLA & ORS. [LAWS(BOM)-1987-3-79] [REFERRED TO]


JUDGEMENT

Palekar, J. - (1.)This is a petition under Articles 226 and 227 of the Constitution for writs of certiorari and prohibition. The petitioner is Ramkrishna Ramnath Bidi Factory at Kamptee. The first respondent is the Presiding Officer, Labour Court, at Nagpur, and the second respondent is a bidi binder of Kamptee.
(2.)The Bidi Factory was closed from 1-7-1958 to 9-8-1958 and thus the bidi workers were out of employment for that period. After the factory was re-opened on 10-8-1958, all the employees, including respondent No. 2, were re-employed.
(3.)On 7-3-1961 respondent No. 2 filed an application before respondent No. 1, purporting to be one under Section 33C(2) of the Industrial Disputes Act, 1947. Respondent No. 2 alleged that as a consequence of the closure of the factory, the workers including herself were retrenched and hence she was entitled to retrenchment compensation under Chapter VA of the Industrial Disputes Act, 1947. She further claimed that it was a benefit computable under Section 33C(2) of the Industrial Disputes Act and therefore respondent No. 1 should compute the benefit and award it to her. This application was met by the petitioner by filing two written statements. In the first written statement, the principal contention was that the respondent Court, that is, the Labour Court, at Nagpur, had no jurisdiction to entertain the application because the claim for retrenchment compensation was not a benefit capable of being computed in terms of money within the meaning of Sub-section (2) of Section 330. By the additional written statement, the petitioner contended that the claim was time-barred or, in any case, liable to be dismissed on the ground of undue delay.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.