Annai Moogambigai Rollar Flour Mills (P) Ltd. Vs R.Dhanasekaran

This Civil Revision Petition has been filed against the impugned order dated 30/12/2025 passed by the I Additional Labour Court, Chennai in I.A.No.9 of 2025 in C.P.No.508 of 2015.

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The 1st respondent/employee filed a claim petition in C.P.No.508 of 2015 under Section 33(C) (2) of the Industrial Disputes Act, 1947 seeking various reliefs under prayers (a) to (f). The petitioner/Management filed I.A. No.9 of 2025 seeking rejection of the claim petition in C.P. No.508 of 2015 on the ground that the same was barred by limitation and amounted to abuse of process of law.

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The learned Judge, I Additional Labour Court, Chennai, by order dated 30.12.2025, dismissed I.A. No.12 of 2025 and liberty was granted to the petitioner/Management to raise all issues relating to maintainability and authenticity of the claim at the time of final adjudication. Challenging the said order, the present Civil Revision Petition has been filed.

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When the matter was taken up for hearing today, learned counsel for

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the petitioner submitted that the scope of Section 33(C)(2) is confined to computation of pre-existing monetary benefits and does not extend to

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adjudication of disputed rights. According to the learned counsel, while the reliefs sought under prayers (a) to (c) may fall within the ambit of Section 33(C) (2), the reliefs sought under prayers (d) to (f) in C.P. No.508 of 2015 travel

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beyond the scope of the said provision and can be agitated only before the competent Civil Court.

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Heard the learned counsel for the petitioner and perused the materials available on record .

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Learned counsel appearing for the petitioner has produced a copy of

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the order passed by a learned Single of this Court in C.R.P.No.764 of 2026 dated 16/4/2026.

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A proceeding under Section 33(C)(2) of the Industrial Disputes Act is in the nature of an execution proceeding. The Labour Court cannot adjudicate disputed questions of entitlement or grant declaratory reliefs which are not founded upon a pre-existing right.

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Considering the submissions made by the learned counsel appearing for the petitioner and the materials available on record, this Court is of the view that the reliefs under prayers (d) to (f) cannot be entertained in a petition under Section 33(C)(2) of the Industrial Disputes Act and are liable to be struck off.

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Insofar as prayers (a) to (c) are concerned, this Court is not expressing any opinion on the merits of the claim. The I Additional Labour Court, Chennai, shall decide the claim / computation petition strictly with respect to prayers (a) to (c), on the basis of evidence available on record and in accordance with law.

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It is made clear that all contentions, including the issue of limitation, are left open to be canvassed by both parties before the Labour Court.

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Accordingly, the learned Presiding Officer, I Additional Labour Court, Chennai is directed to dispose of C.P. No.508 of 2015, in respect of prayers (a) to (c), as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

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With the above directions, the Civil Revision Petition stands

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allowed, at the admission stage itself. No costs. Consequently, connected miscellaneous petition is closed.

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(K.SURENDER J) 22^nd July, 2026

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Index: Yes/No Neutral Citation: Yes/No

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mvs.

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To

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1. I Additional Labour Court, Chennai

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R.Dhanasekaran S/o. Rajagopal, No.142, Bajanai Kovil Street, Palavakkam, Uthukottai Taluka, Thiruvallur District.

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N.Gomathinayagam, S/o. Narayana Pillai, Capital East, 72, R.K.Shanmugam Salai, K.K.Nagar, Chennai - 600 078.

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Muthuvel, S/o. Subramania Pillai, No.46, ramanujam street, T.Nagar, Chennai - 600 017.

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K.Vadivel Murugan, S/o. Karuppusamy Pillai, 264, Anna Ayyavu Appa Lane, Amingikarai, Chennai - 600 029.

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S.Ramalingam, S/o. Subramania Pillai, No.6, Ramanujam Street, T.nagar, Chennai - 600 017. 7. Gomathi Ammal, W/o. Late Sundaram Pillai, (one of the founder Directors), 16A, Rajarathinam Street, Kilpauk, Chennai - 600 010.

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