Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 — s. 33C(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947 — s. 33C(2) — Interpretation of, vis-a-vis a Voluntary Retirement Scheme — Workmen availed the Voluntary Retirement Scheme and received the special compensation package — Claim for lay-off compensation u/s. 33C(2) — Held: Though there is cessation of relationship between the employee and the employer in VRS but if it does not cover the past dues like lay-off compensation, subsistence allowance, etc., the workman would be entitled to approach the Labour Court u/s. 33C(2) — If it is specifically covered, or the language of VRS would show that it covers the claim under the scheme, no forum will have any jurisdiction ~ On fact, claim pertaining to lay-off compensation having not been part of the VRS, the Labour Court has jurisdiction to adjudicate u/s. 33C(2) — Thus, matter is remitted to the Labour Court for adjudication in accordance with law. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1202 |
Petitioner | A. Satyanarayana Reddy And Others |
Respondent | Presiding Officer, Labour Court And Others |
SCR | [2016] 5 S.C.R. 408 |
Judgement Date | 2016-09-30 |
Case Number | 3053 |
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