Supreme Court of India
D.krishnan & Anr. v. Special Officer, Vellore Co-operative Sugar Mill & Anr.
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What the Court ordered
We are of the opinion that in the absence of any supporting oral evidence by the workmen which would also result in their cross-examination, a mere reliance on the documents filed by them is insufficient for determining the fac tual basis of the issues involved, in proceedings under Section F 33-C(2) of the Act.
Judgment, page 11
From the headnote
Industrial Disputes Act, 1947 - s. 33 (2) - Applicability of - Held: Proceedings u/s 33 (2) are in nature of execution c proceedings - Such proceedings presupposes some adjudi- cation. leading to determination of right, which has to be en- forced - On facts, application uls 33 (2) filed for claiming overtime wages - There was no adjudication - Workman re- lied on documentary evidence consisting of punch time cards and the same not supported by oral evidence by workmen - Claimants were prima-facie, Managers, thus, Labour Court had no jurisdiction in the matter - Claim u/s. 59 of Factories Act
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