U.P.S.R.T.C. vs BIRENDRA BHANDARI

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 those flowing from a pre-existing right. The Court found that the Labour Court and High Court erred in their interpretation, as the claim for arrears related to the 5th Pay Commission recommendations did not constitute a pre-existing right. Consequently, the Court set aside the High Court's dismissal of the writ petition, emphasizing the need for a proper reference to determine the nature of relief due to the workman.