Substitution of legal heirs in the case of a death either workman or employer is permitted. Penhu Mahakud Vrs. P.C. Mohanty – 1996 (72) FLR – 249 (Ori.)
If the second termination was not challenged, for the computation of back wages, payment would be restricted with effect from the date of first termination and up to the date of 2nd termination. Management, Nilpur Tea Estate Vrs. State of Assam – (1996) I, L.L.J. 892 (SC).
For an application u/s 33C (2) of the Act, no time limit is prescribed. As such, the claim of the workman cannot be defeated only on the ground that time was made seven years after workmans retirement – 1992 LLR 433.
Proceedings u/s 33-C(2) will survive even after the death of a workman – 1995 LLR 837 (Ori.)
A workman can claim benefits like subsistence allowance and bonus under Sec. 33-C(2) of the I.D. Act – 1998 LLR 119 (Ori.)
Schedule-III item 2 – Labadies – Claim for back wages and bonus – Order of dismissal withdrawn by management – No specific order – Claim dismissed – Held that rejection of claim unjustified – Management was directed to allow the claim with 12% interest – AIR 1994 SC 1246.
Compensation – Backwages – Daily wages of workman – Employed by Exclusive Engineer – Promoted as pump operator – Transferred to irrigation Development Corporation on deputation – Services terminated after 7 years orally by co-operation – No authority to terminate – Order of Labour Court restraining him becomes final being unchallenged – He must be treated employee throughout – Entitled to compensation as backwages – when the services of an employee was terminated by the authority not competent to pass such order, then the employee be treated as employee throughout and entitled to compensation as backwages – 1995 (1) LLJ 897.
Recovery of money-due from Employer – Proceeding u/s 33-C (1) by Union – claimed by workmen – Recovery certificate issued by Labour Commissioner perfectly valid and legally sound, suffered from no infirmity – AIR 1997 SC 254.
Jurisdiction of Labour Court – Court has power to interpret the award and then workout wages payable to workmen – 1997(5) SCC 59.
34. Cognizance of offences.-
(1) No Court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate Government.
(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, shall try any offence punishable under this Act.
35. Protection of persons.-
(1) No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that Court thinks just.
36. Representation of parties.-
(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by -
(a) any member of the executive or office bearer of a registered trade union of which he is a member:
(b) any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated;
(c) where the worker is not a member of any trade union, by any member of the executive or other office bearer of any trade union connected with, or by any other workman employed in, the industry in which the worker is employed and authorized in such manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by -
(a) an officer of an association of employers of which he is a member;
(b) an officer of a federation of association of employers to which the association referred to in clause (a) is affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorized in such manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.
There is nothing in Sec. 36(4) to indicate that consent is to be given in a particular form. It can be implied from circumstances and conduct of the parties. There is no provision in the Act by which consent once given can be revoked. Even if the consenting party is not represented by a legal practitioner, he may give consent to his adversary to be represented by a legal practitioner. Orissa Cement Ltd. Vrs. State of Orissa, 1996 (72) FLR 16 (Ori.)
36A. Power to remove difficulties.-
(1) If, in the opinion of the appropriate Government any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Labour Court, Tribunal or National Tribunal as it may think fit.
(2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.