NAGAR COUNCIL RAJPURA Vs. TAJINDER SINGH
LAWS(SC)-2006-12-107
SUPREME COURT OF INDIA
Decided on December 15,2006

NAGAR COUNCIL, RAJPURA Appellant
VERSUS
TAJINDER SINGH AND OTHERS Respondents


Cited Judgements :-

MR. DILIP SHARMA VS. MR. SHRAWAN DOGRA [LAWS(HPH)-2016-1-3] [REFERRED TO]
NAGAR COUNCIL, KAPURTHALA VS. DAVINDER KUMAR [LAWS(SC)-2008-2-229] [REFERRED TO]
YUGAL KISHORE SHARMA & OTHERS VS. SUKH RAI SINGH AND OTHERS [LAWS(HPH)-2016-12-84] [REFERRED TO]


JUDGEMENT

- (1.)Delay Condoned. Leave Granted.
(2.)The Claim Of The Workmen, Inter Alia, Is Based On A Decision Of This Court In Municipal Employees Union V. State Of Punjab. Para 19 Of The Said Decision Reads As Under: (Scc P. 438)
"19. If All These Conditions Are Satisfied, Then Appropriate Relief Under Section 33-C(2) Of The Industrial Disputes Act Can Be Granted To The Appellants In Appropriate Proceedings."

In The Light Of The Said Observations, The Learned Counsel Submits That The Question As To Whether The Workmen Are Entitled To Wages For Extra Work Or Not Must Be Determined In Terms Of The Provisions Of The Said Rules And Not In A Separate Proceeding Under The Industrial Disputes Act, And The High Court, Thus, Fell Into Error In Issuing The Impugned Direction.

(3.)An Application Under Section 33-C(2) Would Be Maintainable If The Workman Has A Legal Right In Relation To His Claim. They Will Have To Establish The Same. In Such A Proceeding, Undisputedly The Appellants Shall Be Entitled To Raise All Contentions Before The Industrial Court. We, Therefore, Do Not Find Any Merit In These Appeals.
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