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september 2006

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).

U.P. State Road Transport Corporation vs Shri Birendra Bhandari · Niyam