Supreme Court · 2006 INSC 156 · Decided 20 March 2006
Union of India and ANR. v. Kankuben (Dead) BY LRS. and ORS. ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 156 · [2006] 3 S.C.R. 48
- Case number
- CIVIL APPEAL No. 10252/2003
- Decided
- 20 March 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 227; Industrial Disputes Act Section 33
Headnote
Industrial Disputes Act, 1947; Section 33-C(2): Workmen-Application for recovery of over-time allowance--Claim C a/lowed/awarded by Labour Court--Challenge to--Dismissed by High Court-­ Letters Patent Appeals dismissed by the High Court holding that application for recovery of the claim 33-C (2) of the Act should necessarily be either pre-existing benefit or one flowing from a pre-existing right-Pre-existing D benefit/right differs from just and fair benefit/right- Former falls under the jurisdiction of Labour Court, and thus a Labour Court could exercise power under
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