Pandurang Sahakari Sakhar Karkhana Ltd. v. Prabhakar Keru Khatake

(216) LPA 200-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk LETTERS PATENT APPEAL NO. 200 OF 2010 IN WRIT PETITION NO. 2629 OF 2010 WITH CIVIL APPLICATION NO. 251 OF 2010 IN LETTERS PATENT APPEAL NO. 200 OF 2010 Shri Pandurang Sahakari Sakhar Karkhana Ltd., Shripur .. Appellant Vs.

Prabhakar Keru Khatake .. Respondent Mr. Surel S. Shah for the Appellant.

Mr. Kanhaiya S. Yadav i/b Anjali Helekar for the Respondent. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 3 rd JANUARY, 2020.

ORAL JUDGMENT (Per Pradeep Nandrajog, CJ) 1.

A petty sum of 37,191/- is being litigated by the Appellant onߍ⢫ the plea that in view of Section 7A of the Industrial Disputes Act, 1947 read with 3rd Schedule thereof the issue raised by the workman concerning overtime wages fell within the jurisdiction of only the Industrial Tribunal and not the Labour Court. 2.

The workman filed an application under Section 33-C (2) of the ID Act, 1947 before the Labour Court which proceeded to compute the number of hours the workman had overworked and awarded 1/2

(216) LPA 200-10 determined wages.

3.

The challenge to the computation by the Labour Court has failed before the learned Single judge who has taken a view that under Section 33-C(2) of the I.D. Act, 1947 a Labour Court could entertain the claim, for the reason the second refers to that a dispute between the workman and an employer concerned computation of wages can be decided by a Labour Court.

4.

In view of petty sum involved, we are not inclined to decide on the merits for the reason there is no challenge on facts. 5.

The amount being petty, we dismiss the Appeal but keep open the question to be answered should it arise in a proceeding where the amount warrants the argument to be dealt with on merits. 6.

In view of the dismissal of the Appeal, Civil Application No. 251 of 2010 is disposed of as infructuous.

[SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M.

Kadam by Arjun M.

Kadam Date:

2020.01.06 11:17:35 +0530 2/2