Disposed

Kameshwar Singh And Ors. v. Steel Authority of India Ltd.

Jharkhand HC21 Aug 2019WPC/6687/2007

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the rejection of a Section 33C(2) claim by the Labour Court. The court held that the Labour Court lacks jurisdiction to decide rights or entitlements regarding post appointments, noting its power is limited to quantifying pre-existing money claims. Consequently, no infirmity was found in the lower court's judgment.

What did the court decide?

The writ petition stands disposed of without any finding of infirmity in the lower court's judgment rejecting the claim.

Kameshwar Singh And Ors. Vs Steel… — Pension and Retirement Benefits | Jharkhand HC (2019)

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W.P. (L) No.6687 of 2007

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An application under Article 227 of the Constitution of India

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Kameshwar Singh

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Upendra Nath Singh

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Ram Pravesh Singh

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Umesh Prasad Singh

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Bijendra Kumar

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Pratap Narayan Jha

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Shyam Sundar Singh

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Lavlesh Kumar Sharma

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Indrajeet Singh

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Birendra Kumar ... Petitioners

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Versus

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Steel Authority of India limited representing Bokaro Steel Plant having its registered Office at Ispat Bhawan, Bokaro through Managing Director … Respondent

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For the petitioners : Mr. A.K. Sahani, Advocate For the respondent : M/s V.K. Dubey and Kaustav Panda, Advocates

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Coram: HON’BLE MR JUSTICE RAJESH KUMAR

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By Court:

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Heard counsel for the parties.

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Present writ petition has been filed against the judgment dated 13.03.2003 passed by learned Presiding Officer, Labour Court, Bokaro Steel City, in MJ Case No. 1 of 1995 whereby an application filed by the petitioners under Section 33C (2) of the Industrial Disputes Act, 1947 has been rejected.

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It has been claimed that the petitioners’ names have been called for from the Employment Exchange and a panel has been prepared and they have been empaneled for the post of ‘Hot Job Man’ but instead of the said post, they have been appointed on a lower post and subsequently, after a year, they have been given the said post. It has been further claimed that similarly situated persons have been given the benefit from the date of initial appointment to the post of ‘Hot Job Man’, but the same has been denied to the petitioners.

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A claim application has been filed by the petitioners being M.J. Case No.1 of 1995 before the Labour Court, Bokaro Steel City, which has been rejected vide judgment dated 13.03.2003 on the ground that the

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same is not maintainable as the claim of the petitioners cannot be adjudicated under Section 33C (2) of the Industrial Disputes Act, 1947. It is trite that the jurisdiction upon the Labour Court under Section 33C (2) of the Industrial Disputes Act, 1947 is to quantify the pre-existing right/claim into money but Labour Court has no jurisdiction to decide the right or entitlement of the parties.

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In view of the above settled principle of law, this Court finds no infirmity/illegality in the judgment dated 13.03.2003 passed by learned Presiding Officer, Labour Court, Bokaro Steel City, in MJ Case No. 1 of 1995.

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Accordingly, present writ petition stands disposed of.

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(Rajesh Kumar, J.)

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Jharkhand High Court at Ranchi The 21^st day of August, 2019 Ravi/NAFR/

Kameshwar Singh And Ors. v. Steel Authority of India Ltd.

Case brief

What is this about?

What did the court decide?

Kameshwar Singh And Ors. v. Steel Authority of India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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