LawRato

Recovery S-33C(2) or Under 10(1) of ID Act 1947 or Civil Court


03-May-2023 (In Labour & Service Law)
I filed the case Under S -33C (2) Recovery. Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker. 2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devjibhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others. 3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right. 4. Has labour court given the right Judgements, first in favour of me and later in favour of Opponent. 5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time. 6.To go Civil Court for ,
Answers (1)

Answer #1
669 votes
The said dispute comes in the jurisdictional limits of the labour court as per section 10(1) of Industrial Dispute Act, 1947. As the court took the cognizance of the dispute, same has been revoked by the opponent stating the given case laws, also, now you will have to provide details of the final order as to whether the case in the labour court was disposed in your favour, or it was re-opened again on the grounds of jurisdiction of the said labour court.

You can file an appeal to the State tribunal or you can file a civil recovery suit in the jurisdictional civil court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."