1969 (4) TMI 110 - SC - Indian Laws

Summary

Issues:
1. Interpretation of the applicability of art. 137 of the Limitation Act, 1963 to applications under s. 33C(2) of the Industrial Disputes Act.
2. Determination of the correct subsection under which applications should have been filed - s. 33C(1) or s. 33C(2).

Analysis:

1. The Supreme Court addressed the issue of the applicability of art. 137 of the Limitation Act, 1963 to applications under s. 33C(2) of the Industrial Disputes Act. The Central Government Labour Court, Bombay, had held that applications beyond three years were barred under art. 137. The Court referred to the dissenting decision in Town Municipal Council, Athani v. The Presiding Officer, Labour Court, Hubli, stating that art. 137 only contemplates applications to courts. The Court emphasized that the Labour Court is not considered a court under the Limitation Act, 1963, as the Act primarily deals with applications to courts. The Court highlighted the provisions of the Limitation Act, such as s. 4 and s. 5, which specifically refer to courts, supporting the conclusion that art. 137 does not apply to applications under s. 33C(2) of the Industrial Disputes Act.

2. The Court also addressed the issue of determining the correct subsection under which applications should have been filed - s. 33C(1) or s. 33C(2). It clarified that s. 33C(1) deals with cases where money is due to a workman from an employer under a settlement or an award, while s. 33C(2) deals with cases where a workman is entitled to receive any money or benefit computable in terms of money. In this case, the applications were filed by employees against the respondent for computing holiday benefits in monetary terms, falling within the scope of s. 33C(2). The Court highlighted that although s. 33C(2) does not specify the mode of decision-making, rule-making authority is empowered to provide suitable provisions. Referring to r. 62(2) of the Industrial Disputes (Central) Rules, 1957, the Court confirmed that applications can be made in accordance with the rules.

In conclusion, the Supreme Court allowed the appeals, setting aside the Labour Court's order on the limitation issue. The Court directed the Labour Court to proceed with the final order in accordance with the law, granting costs to the appellants.