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Labour court to labour court

(Querist) 31 December 2013 This query is : Resolved 

Dear Legal Experts,

Namaste.

1)Is one Labour Court's decision is binding to another Labour Court?

2)If the original application was under section 33 C (2) of IDA, does the Labour Court has powers to add other sections like 25T for unfair labour practices?

I will be highly obliged for the guidance.

Best regards and wishing Happy New Year to all.

Navin Pandya


ajay sethi (Expert) 01 January 2014
academic query . state facts of your case
krishna mohan (Expert) 01 January 2014
Give more details of the problem to understand the issue and respond to your query
Adv. Chandrasekhar (Expert) 01 January 2014
1. Not binding. Only has persuasive value.

2. Not proper question. In S. 33C(2) only money due from the employer can be claimed. Hence, no scope and relevancy of bringing the docrine of "unfair labour practice", which does not talk of money due.
T. Kalaiselvan, Advocate (Expert) 01 January 2014
The opinion of above expert about relevant provisions of law is agreed upon but the author has not stated the relevancy of the case facts for proper advise on the subject because both the provisions quoted by the author are contrary to each other, so what is the expectation of the author by such question?


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