Bhoop Singh v. Presiding Officer Industrial Tribunal Cum Labour Court & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 27279 of 2016 Date of decision: 9.1.2017 Bhoop Singh ... Petitioner

Versus

Presiding Officer, Industrial Tribunal-cum- ... Respondents Labour Court, Rohtak & ors.

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. SP Chahar, Advocate, for Mr. Chander Shekhar Singhal, Advocate, for the petitioner.

RAJIV NARAIN RAINA, J.(Oral) After retirement on superannuation, a workman having served in a Government department would have no actionable right to claim a benefit under a policy pronounced for the future after his retirement in proceedings under Section 33-C (2) of the Industrial Disputes Act, 1947 because of lack of any pre-existing right open to execution. Therefore, the claim cannot be agitated within the scope of the provisions of the Act and relief, if any, would lie elsewhere. I find no legal infirmity in the order of the Labour Court rejecting the application under Section 33-C (2) of the Act holding it to be not maintainable. Accordingly, the petition is dismissed.

(RAJIV NARAIN RAINA) JUDGE 9.1.2017 monika Whether speaking/reasoned Yes Whether Reportable:

No Monika Verma 2017.01.10 15:55 I attest to the accuracy and authenticity of this document Chandigarh