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sanjay (technical support)     17 May 2011

please clearify

Dear Experts

        As all of u know 2010 amendment of I.D act says all awards passed by the labour courts are like civil court decree and can be executed in civil courts. This amendment is given effect to ensure better execution of awards. but now what about the sections 33 C (1) and 33 C (2)  when it has to be invoked as they are still part of the I.D Act. and calculation of backwages ( say 50%  with consequential benfits awarded by the labour court ) then this calculation part has to be calculated by the labour court under application 33 c (2) or civil court has got  power to decide this calculation?


 6 Replies

jagadish paranjape (Advocate)     17 May 2011

The orders under sec 33(c)(1) or (c)(2) are not awards and they are mere determinations of monetary claims.

The execution of same can still be done through recovery certificate and as recovery of arrears of land revenue.

The latest amendment is for execution of Awards which are the court's answer to references made by appropriate Govt.

sanjay (technical support)     17 May 2011

thanks for the clarification

But now if money can be recovered through recovery certificate then when we will have to use execution proceedings,  is it only when attachment of property of the employer is reuqired? and also when reinstatement is ordered and employer do not comply with it then remedy is only uder section 29 of the I.D Act or now civil courts can play any role as per the 2010 amendment

jagadish paranjape (Advocate)     17 May 2011

As you have rightly pointed out,when reinstatement is ordered by way of an Award as answer to reference made by appropriate Govt under sec 10 of I.D.Act.,the labour courts are given power of execution.Provisions of sec 29are penal and they do not provide for execution of Award.

thiagarajan (sr.cad engineer)     18 May 2011

This is L. THIAGARAJAN. I applied a PF. claim in Tambaram branch EPF office on OCT-2010. That application got reject because of intial mismatch of the applicant. The mistake done by the company while sending to the repected office. That we come to know on jan-2011. Then we gave a seperate letter from HR of our previous company as per the EPF office requirement on Feb-2011. Still we not received the claim and also we dosnt know the status of the application.

We went to the EPF office several time we are not received any correct info. Also in that office Mr. Jayaraman is dealing this files is treited us very badly he always shouting like any thing.

Now we dont know what to do. We overally disscused about this issue to the EPF commissioner too. Still no improvement.

Can anybody pls give valuable advice and the correct direction to recive our EPF amount.








jagadish paranjape (Advocate)     18 May 2011

You have number of remedies.

1.P.F.Organization is service provider and contributers are consumers.Consumer redressal forum can be


2.You can approach civil court for money claim.

3.Since P.F.Dept. is state within the meaning of Art 12 of the Constitution,so writ petition in High court

    is maintainable.

Regarding indecent behaviour of staff, complaint can be lodged with superiors,for departmental action.



Sanjay Jain (Dy manager legal compliance)     31 December 2011

Dear Sir 

as a banking sector we are giving the MW as per sate MW act now labour central department says that you have take the RC for CLRA from Us so you have to give MW as per central rule . Plz send me the some latest judgement on the same issue so that i will clear the matter  

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