Industrial Disputes Act, 1947
Section 33(C)(2)—Recovery of wages—Dismissal of application challenged by workman before the Writ Court—While allowing the writ petition preferred by workman challenging the dismissal of application under Section 33(C)(2), from the order passed by the Single Judge it appears that there is no discussion at all on the order passed by the Labour Court rejecting the 33(C)(2) application and without any discussion and/or recording any specific findings on the merits of the order passed by the Labour Court rejecting the 33(C)(2) application, the writ petition preferred by the workman has been allowed—Appeal—Single Judge ought to have considered the writ petition preferred by the workman on merits and ought to have given some findings on the order passed by the Labour Court rejection the said application—Impugned judgment and order passed by the High Court is set aside and matter remitted back to the High Court for consideration afresh in accordance with law—Appeal allowed.
[Paras 4 & 5]
Decision : Appeal allowed