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march 1969

Supreme Court of India · 1969-03-20

TOWN MUNICIPAL COUNCIL, ATHANI vs PRESIDING OFFICER, LABOUR COURT, HUBLI & ORS.

Citation / case number
SC 1968/60105
Court
Supreme Court of India
Petitioner
TOWN MUNICIPAL COUNCIL, ATHANI
Respondent
PRESIDING OFFICER, LABOUR COURT, HUBLI & ORS.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that applications for payment of overtime and work done on off days are governed by Section 33C(2) of the Industrial Disputes Act, 1947, and not by Section 20(1) of the Minimum Wages Act, 1948, as there was no dispute regarding the rates. The Court clarified that the Minimum Wages Act pertains to the fixing of rates and not the enforcement of payment, thus allowing the Labour Court's jurisdiction to entertain the applications. Additionally, the Court permitted the raising of the limitation issue under Article 137 of the Limitation Act, 1963, despite it not being raised earlier, as it is a fundamental plea.

TOWN MUNICIPAL COUNCIL, ATHANI vs PRESIDING OFFICER, LABOUR COURT, HUBLI & ORS. · Niyam