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april 1969

Supreme Court of India · 1969-04-25

NITYANANDA M. JOSHI & ORS. vs LIFE INSURANCE CORPORATION OF INDIA & ORS.

Citation / case number
SC 1969/60110
Court
Supreme Court of India
Petitioner
NITYANANDA M. JOSHI & ORS.
Respondent
LIFE INSURANCE CORPORATION OF INDIA & ORS.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court ruled that applications under Section 33C(2) of the Industrial Disputes Act, 1947, for computing monetary benefits of holidays are maintainable and not barred by Article 137 of the Indian Limitation Act, 1963. The Court clarified that the Labour Court erred in applying the Limitation Act, as it pertains to ordinary courts, and emphasized that the rule-making authority must provide a method for computing monetary value, which is addressed in Rule 62(2) of the Industrial Disputes (Central) Rules, 1957. The Court also expressed doubt about the applicability of Article 137 to such applications, thereby overturning the Bombay High Court's interpretation.

NITYANANDA M. JOSHI & ORS. vs LIFE INSURANCE CORPORATION OF INDIA & ORS. · Niyam