Supreme Court of India · 2006-09-28
U.P. State Road Transport Corporation vs Shri Birendra Bhandari
- Citation / case number
- AIR 2006 SUPREME COURT 3220
- Court
- Supreme Court of India
- Petitioner
- U.P. State Road Transport Corporation
- Respondent
- Shri Birendra Bhandari
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that under Section 33 C(2) of the Industrial Disputes Act, 1947, a workman can claim only pre-existing benefits or rights. The Court clarified that the Labour Court's jurisdiction is limited to enforcing such benefits, and the High Court erred in upholding the Labour Court's order for payment of dues arising from the 5th Pay Commission recommendations without establishing a pre-existing right. The appeal was allowed, and the order of the High Court was set aside, emphasizing the necessity of a clear entitlement for claims under Section 33 C(2).