Authority: High Court of Punjab & Haryana at Chandigarh
Order Date: 16 July 2026
Case Overview
- Petition filed by Haryana State Minor Irrigation and Tubewells Corporation Ltd under Articles 226/227 seeking quash of award dated 22‑08‑2024 (LCA No.62/2019) allowed by Industrial Tribunal‑cum‑Labour Court, UT Chandigarh.
- Respondents: Presiding Officer, Industrial Tribunal‑cum‑Labour Court, UT Chandigarh and others.
- Issue: Whether Labour Court could exercise jurisdiction under Section 33‑C(2) of the Industrial Dispute Act without a prior adjudicated liability for retrenchment compensation.
- The Court noted that the matter had been previously decided in CWP No.19395 of 2017, which held that Section 33‑C(2) requires a confirmed liability before Labour Court can act.
- The respondent was a Junior Engineer retrenched with three months’ salary; dispute over his status as “workman” under Section 2(s) of the ID Act.
- The Court observed that the Labour Court cannot determine entitlement to retrenchment compensation; it can only enforce an already determined award.
Final Outcome
- The award dated 22‑08‑2024 passed by the Industrial Tribunal‑cum‑Labour Court is quashed and set aside.
- All petitions are allowed; respondents may seek remedies as per law.
- The amount deposited by the petitioner with the Court is ordered to be refunded.
- Pending miscellaneous applications, if any, are disposed of.
Topics: Labour Law, Industrial Dispute