Full Judgment Text
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CASE NO.:
Appeal (civil) 2042 of 2008
PETITIONER:
PUNJAB STATE ELECTRICITY BOARD AND ORS
RESPONDENT:
AVTAR SINGH
DATE OF JUDGMENT: 12/03/2008
BENCH:
S.B. SINHA & P.P. NAOLEKAR
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 2042 OF 2008
[Arising out of SLP(C) No.5691/2006]
Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that the
application under Section 33C(2) of the Industrial Disputes Act, 1947 was not
maintainable.
Learned counsel appearing on behalf of the respondent very fairly states before us
that the issue which was raised before the Labour Court was as to whether despite the
availability of the workmen, the appellant-Board could refuse to take any work from
them without issuing any order of termination of their services. Such an issue, in our
opinion, could be the subject matter of an industrial dispute warranting reference by
the appropriate Government in terms of Section 10 of the Industrial Disputes Act. In
that view of the matter, a proceeding under Section 33C(2) of the Industrial Disputes
Act was not maintainable.
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However, the learned counsel appearing on behalf of the respondent also very fairly
states that subsequently, an industrial dispute has been raised. If that be so, the
contention of the respondent that the appellant-Board was bound to pay his salary for
the period from June, 1997 to November, 1999 undisputedly would fall for
consideration in the said reference case, being ancillary to the said reference.
The appeal is allowed with the aforementioned observation and direction. No costs.