Salary not paid, dgm : p. & a.

harendrasinh (Querist) 21 April 2017 This query is : Resolved
I filed the case Under S -33C (2) Recovery.
Labour Court vadodara has given the Ex-patre Judgement in favour of me, only once written statement submitted by them, stating that this court has no jurisdiction and applicant is not coming under definition of worker.

2. After Verdict Co. filed re-opening of case under Sec- 26(A). Co. Lawyer has Submitted H.C.& SC Judgements stating that Labour Court has no power to decide Bonus and when applicant status of worker is a dispute. Guj HC 2005 LLR-87,Guj St. Vs Devji
bhai tapubhai. SC{C.A. No.6550/99 dt.14 Nov 2000, SBI Vs Ramchandra Dubey & Others.
3. besides under S-10(1)of 1947, Applicant has to prooved his Pre-Existing right.

4. Has labour court given the right Judgements, first in favour of me and later
in favour of Opponent.

5. Opponent submitted the reply in first hearing but later not represented by Lawyer or self.if labour court has no power than why took the case in his court being a judge,wasting of time.

6. Now should i file a Suit in Civil District or Highcourt and under which section, pl guide me.

Harendrasinh.

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Advocate/CS Sanjeev Kataria (Expert) 22 April 2017
dear
petition under section 33 is like an execution petition. you need to prove that you are entitled to receive a particular amount of money from company. you are workman or not can be commented upon without knowing your job profile and salary.

Dr J C Vashista (Expert) 22 April 2017
What is the appointment of claimant/applicant?

No opinion can be formed without knowing the facts/details of the case.