Dismissed

Sandaiah (Died) LRs. v. The Managing Director

Telangana HC8 Feb 2010WP/19534/2005

Case brief

AI extract

What is this about?

The High Court held that an Industrial Tribunal exceeding its jurisdiction by adjudicating on disputed entitlement of a death compensation claim under S.33-C(2) of the Act commits an error. The Tribunal's order can be challenged on entitlement, but the order denying relief in the writ petition warrants no interference.

What did the court decide?

No interference with the Industrial Tribunal's order; findings recorded are unsustainable but do not affect the dismissal of the writ petition.

Sandaiah (Died) LRs. Vs The Managing… — Pension and Retirement Benefits | Telangana HC (2010)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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MONDAY, THE EIGHTH DAY OF FEBRUACY TWO THOUSAND AND TEN PRESENT

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 19534 of 2005

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Between:

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Sandaiah (died) per LRs

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.... PETITIONER

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AND

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1 The Managing Director, A.P. Dairy Development Cooperative Federation Limited, Lalapet, Hyderabad and another.

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.....RESPONDENTS

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The Court made the following :

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION NO :19534 of 2005

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ORDER:

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The legal representatives of the deceased workman assail the order dated 10.12.2004 passed by the Industrial Tribunal in M.P.No.11 of 2003 in exercise of jurisdiction under Section 33-C (2) of the Industrial Disputes Act, 1947 (for brevity ‘the Act of 1947’).

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The scope and jurisdiction of the Industrial Tribunal under Section 33-C (2) of the Act of 1947 is limited. Such proceedings are in the nature of execution proceedings and in exercise of this jurisdiction it is not open to the Industrial Tribunal to adjudicate disputed questions as to the very entitlement of the workman to the amount claimed. I had taken this view in Writ Petition No.144 of 2004 by order dated 5.12.2009. The order under challenge in this writ petition discloses that the Industrial Tribunal entered into such disputed questions of entitlement, but on facts held against the workman and consequently, his legal representatives.

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However, in the light of the opinion expressed by me in my order dated 5.12.2009 in W.P.No.144 of 2004, the Industrial Tribunal was in error in entering into the issue of entitlement of the workman to the amount claimed in a petition filed under Section 33-C (2) of the Act of 1947. That being so, irrespective of the validity and correctness of the adjudication by the Industrial Tribunal on facts, such exercise of jurisdiction under Section 33-C (2) of the Act of 1947 is unsustainable. The order of the Industrial Tribunal denying relief to the legal representatives of the workman therefore does not warrant any interference in this writ petition. However, the findings recorded by the

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Industrial Tribunal on the basis of such adjudication, being in excess of jurisdiction, are equally unsustainable and are not binding on the workman and his legal representatives. It is left open to the legal representatives of the deceased workman to invoke such remedies as are available to them in law insofar as the disputed entitlement of the deceased workman to the benefit claimed is concerned.

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The writ petition is accordingly dismissed. No costs.

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______________________ Justice Sanjay Kumar Dated:8.2.2010 Nn.

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION NO : 19534 of 2005

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08.02.2010

Sandaiah (Died) LRs. v. The Managing Director

Case brief

What is this about?

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Sandaiah (Died) LRs. v. The Managing Director

Case brief

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