Appeal No 1171 of 1970
Appeal by special leave from the judgment and order dated February 18 1970 of the Labour Court Delhi in LCA No 709 of 1968
O P Malhotra N section Das Bahl P section Mahindru and Sat Pal for the appellant
L D A dlakha Promod Swarup and section section Khanduja for respondent No 1
The Judgment of the Court was delivered by Dua J
Facts necessary for understanding the short but im portant point arising for decision in this appeal by special leave are these  The appellant is a company incorporated under the with its registered office in New Delhi
Its entire share capital has been subscribed by the Central Government
Pritam Singh Gill respondent No 1 in this appeal was employed by the 1208Sup CI72 42 appellant as Junior Engineer at its Bhopal office with effect from the 9th November 1962 at Rs 280 pm as basic salary with other allowances
On October 5 1964 he was suspended and this order of suspension remained in force till September 18 1967
He was dismissed from service on September 19 1967
During the period of suspension on October 7 1965 the respondent was trans ferred to Delhi
On June 15 1968 the respondent applied to the Labour Court at Delhi under section 33C2 of the hereinafter called the Act for computing the benefits and amount he was entitled to receive alleging that the appellant had not paid to him such amounts and benefits
The appellant contested the respondent s claim on various grounds
The Labour Court framed the following four issues  1
Whether the application is not legally maintainable  2
Whether this court has no jurisdiction to entertain this petition  3
Whether the petitioner has been dismissed with effect from 19 9 1967 if so its effect  4
Whether the applicant is entitled to
any of the benefits claimed  and decided all of them in favour of the respondent who was held entitled to Rs 5195 as balance of salary at the rate of Rs 1501pm
for the period of suspension and also other allowances the total amount computed being Rs 1025998
Before us the appellant only questioned the jurisdiction of the Labour Court to entertain the respondent s application under section 33C2 of the Act because according to the submission the respondent having already been dismissed had ceased to be a workman on the date of the application
After his dismissal argued Shri Malhotra learned counsel for the appellant the respondent ceased to be a workman and had therefore no locus standi to approach the Labour Court under section 33C2 and the Labour Court had no jurisdiction to entertain the respondent s application
The date of the application under section 33C2 of the Act contended the counsel is the crucial point of time when it is to be seen whether or not the applicant is a workman
The respondent on the other hand emphasised that if the period in respect of which the benefits and amount are claimed under section 33C2 of the Act was during the course of his employment prior to his dismissal then the mere fact that he was dismissed by his employer before he could apply to the Labour Court under section 33C2 would not deprive him of his right to claim relief under that section
The sole question we are thus called upon to decide is whether section 33C2 can be invoked by a dismissed workman in respect of benefits and salary due to 43 him for the period prior to the date of his dismissal
It may be stated that the appellant did not contend that a workman under suspension is disentitled to seek relief under section 33C2 and indeed it was specifically conceded that a suspended workman could invoke this section for relief because by suspension he does not cease to be a workman as defined in the Act
The question posed is a pure question of law depending on the construction of the relevant statutory provisions
The Act was brought on the statute book for making provision for the investigation and settlement of industrial disputes and for certain other purposes
Section 2s defines workman  to mean any person including in apprentice employed in any industry to do any skilled or unskilled manual supervisory technical or clerical work for hire or reward whether the terms of employment be express or implied and for the purposes of any proceeding under this Act in relation to an industrial dispute include  any such person who has been dismissed discharged or retrenched in connection with or as a consequence of that dispute or whose dismissal discharge or retrenchment has led to that dispute but does not include any such person i who is subject to the  or the or the Navy Discipline Act 1934 or ii who is employed in the police service or as an officer or other employee of a prison or iii who is employed mainly in a managerial or ad ministrative capacity or iv who being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him functions mainly of a managerial nature
 It is noteworthy that section 2 by its opening words expressly includes the operation of this section in case of repugnancy in the subject or context
Section 33C provides for recovery of money due from ail employer and sub section
2 of this section reads as under 2 Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed then the question may subject to any rules that may be made under this Act be decided by such Labour Court as may be specified in this behalf by the appropriate Government
 44 According to the appellants submission under section 33C2 the applicant cannot claim that his dismissal is unlawful and that he should therefore be deemed to be in service and on that basis entitled to receive salary or wages under the pre existing contract
Now if challenge to his dismissal is not open under this provision of law then the respondent must be considered to be a dismissed workman and therefore outside the purview of workman as defined in s2s
A dismissed workman the argument proceeded is to be considered as a workman under this provision only for the purposes of that proceeding under the Act in relation to an industrial dispute which has either arisen out of or resulted in or is connected with his dismissal
In support of this submission he relied on the Central Bank of India vs P section Rajagopalan1
At p 156 of the report it was observed there that If an employee is dismissed or demoted and it is his case that the dismissal or demotion is wrongful it would not be open to him to make a claim for the recovery of his salary or wages under section 33C2
His demotion or dismissal may give rise to an industrial dispute which may be appropriately tried but once it is shown that the employer has dismissed or demoted him a claim that the dismissal or demotion is unlawful and therefore the employee continues to be the workman of the employer and is entitled to the benefits due to him under a pre existing contract cannot be made under section 33C2 Reference was also made on behalf of the appellants to Messrs Kesoram Cotton Mills Ltd vs Gangadhar  ors
2 where it is observed at p 823  Ordinarily the law is that a workman may be suspended pending enquiry and disciplinary action
If after the enquiry the misconduct is proved the workman is dismissed and is not entitled to any wages for the suspension period but if the inquiry results in the reinstatement of the workman he is entitled to full wages for the suspension period also along with reinstatement unless the employer instead of dismissing the employee can give him a lesser punishment by way of withholding of part of the wages for the suspension period
 These observations were made in an entirely different context and have nothing to do with the narrow point on which alone the appellant based his challenge to the judgment impugned in this appeal
The case cited has not the remotest connection with section 33C of the Act
The decision in the Central Bank of India vs Rajagopalan 1  2 45 supra also in our opinion does not assist us in deciding the question requiring determination because the respondent before us claims relief with respect to the period of suspension prior to his dismissal and the jurisdiction of the Labour Court is not questioned by the appellant on the ground that the only relief available to the respondent is to raise an industrial dispute with regard to his dismissal
The respondent in the present case is not seeking relief against his dismissal as indeed consistently with the order of dismissal his claim is confined to the benefits and amount which
he was entitled to receive for the period prior to his dismissal
However the decision in Central Bank of India vs Rajagopalan supra does trace the legislative history of Chapter VA and section 33C of the Act and after doing so
the Court observed In our opinion on a fair and reasonable construction of sub section
2 it is clear that if a workman s right to receive the benefit is dispute that may have to be determined by the Labour Court
Before proceeding to compute the benefit in terms of money the Labour Court inevitably has to deal with the question as to whether the workman has a right to receive that benefit
If the said right is not disputed nothing more needs to be done and the Labour Court can proceed to compute the value of the benefit in terms of money but if the said right is disputed the Labour Court must deal with that question and decide whether the workman has the right to receive the benefit as alleged by him and it is only if the Labour Court answers this point in favour of the workman that the next question of making necessary computation can arise And again Besides it seems to us that if the appellant s construction is accepted it would necessarily mean that it would be at the option of the employer to allow the work man to avail himself of the remedy provided by sub s2 because he has merely to raise an objection on the ground that the right claimed by the workman is not admitted to oust the jurisdiction of the Labour Court to entertain the workman s application
The claim unders33C2clearly postulates that the determination of the question about computing the benefit in terms of money may in some cases have to be preceded by an enquiry into the existence of the right and such an enquiry must be held to be incidental to the main determination which has been assigned to the Labour Court by sub section
 Section 33C of the Act has been the subject matter of several judicial pronouncements
This Court has also dealt with this section in several decisions
In Chief Mining Engineer East India 46 Coal Co Ltd vs Rameswar  ors
1 this Court deduced from three of its earlier decisions the following propositions 1 The legislative history indicates that the legislature after providing broadly for the investigation and settlement of disputes on the basis of collective bargaining recognised the need of individual workmen of a speedy remedy to enforce their existing individual rights and therefore inserted section 33A in 1950 and section 33C in 1956
These two sections illustrate cases in which individual workmen can enforce their rights without having to take recourse to section 101 and without having to depend on their union to espouse their case
2 In view of this history two considerations are relevant while construing the scope of section 33C
Where industrial disputes arise between workmen acting collec tively and their employers such disputes must be adjudicated upon in the manner prescribed by the Act as for instance under section 101
But having regard to the legislative policy to provide a speedy remedy to individual workmen for enforcing their existing rights it would not be reasonable to exclude their existing rights sought to be implemented by individual workmen
Therefore though in determining the scope of section 33C care should be taken not to exclude cases which legitimately fall within its purview cases which fall for instance under section 101 cannot be brought under section 33C 3 Section 33C which is in terms similar to those in section 20 of the Industrial Disputes Appellate Tribunal Act 1950 is a provision in the nature of an executing provision 4 Section 33C1 applies to cases where money is due to a workman under an award or settlement or under Chapter VA of the Act already calculated and ascertained and therefore there is no dispute about its computation
But sub section 2 applies both to non monetary as well as monetary benefits
In the case of monetary benefit it applies where such benefit though due is not calculated and there is a dispute about its calculation 5 Section 33C2 takes within its purview cases of workmen who claim that the benefit to which they ire entitled should be computed in terms of money even though the right to the benefit on which their claim is 1 1968 1 SCR 140
47 based is disputed by their employers
It is open to the Labour Court to interpret the award or settlement on which the workmen s rights rests
6 The fact that the words of limitation used in section 202 of the Industrial Disputes Appellate Tribunal Act 1950 are omitted in section 33C2 shows that the scope of section 33C2 is wider than that of section 33C1
Therefore whereas sub section I is confined to claims arising under an award or settlement or Chapter VA claims which can be entertained under subsection 2 are not so confined to those under an award settlement or Chapter VA
7 Though the court did not indicate which cases other than those under sub section 1 would fall under sub section 2 it pointed out illustrative cases which would not fall under sub section 2 viz cases which would appropriately be adjudicated under section 101 or claims which have already been the subject matter of settlement to which sections 18 and 19 would apply
8 Since proceedings under section 33C2 are analogous to execution proceedings and the Labour Court called upon to compute in terms of money the benefit claimed by a workman is in such cases in the position of an executing court the Labour Court like the executing court in execution proceedings _governed by the Code of Civil Procedure is competent under section 33C2 to interpret the award or settlement where the benefit is claimed under such award or settlement and it would be open to it to consider the plea of nullity where the award is made without jurisdiction
In UP Electric Supply Co vs R K Shukla1 this Court approvingly referred to a passage from the judgment in Chief Mining Engineer East India Coal Co Ltd supra already reproduced by us in which inter alia it was emphasised that Labour Court had jurisdiction to entertain a claim in respect of an existing right arising from the relationship of an industrial workman and his employer
Again in R B Bansilal Abhirchand Mills Co P Ltd vs The Labour Court Nagpur2 this Court after a review of its previous decisions upheld the jurisdiction of the Labour Court to entertain application for lay off compensation wider section 33C observing that such jurisdiction could not be ousted by a mere plea denying the workman s claim to computation of the benefit in terms of money adding that the Labour Court had to go into the question and determine whether on the facts it had jurisdiction to make the computation
1  2  48 We now turn to some decisions of the High Courts which directly deal with this point
In Tiruchi Srirangam Transport Co P Ltd vs Labour Court Madurai1 Ramachandra Ayyar J repelled a similar contention as was raised before us by Shri Malhotra on behalf of the appellant
In the case
cited one Iswaran was employed as a traffic supervisor in Tiruchi Srirangam Transport Co P Ltd His services were terminated in December 1956 under a scheme of retrenchment
Later disputes were raised between the management and other workers regarding bonus for the years 1955 56 and 1956 57 and a settlement was reached in April 1958 pursuant to which the management declared additional bonus and one month s wage for each of the two years
Iswaran having not been paid anything by way of bonus though he had worked during those two years applied to the Labour Court for necessary relief under section 33C2 of the Act
The Labour Court having granted the relief claimed
the management approached the High Court under article 226 of the Constitution questioning the jurisdiction of the Labour Court to entertain Iswaran s claim
The High Court repelled this challenge though on an other point relating to the claimant s right to benefit under the settlement the case was remitted back to the Labour Court for a fresh decision
It was observed in that decision that while enacting section 33C2 the Legislature did not intend merely to provide a remedy for the limited class of persons who are in actual employment on the date of the application under that section
The words any workman in section 33C2 according to that decision would mean a workman who would be entitled to benefits conferred under the Act and would necessarily include a discharged workman as well
In Manicka Mudaliar M vs Labour Court Madras1 a Division Bench of the Madras High Court while hearing a writ appeal from the decision of a learned single Judge of that Court also upheld the competency of a petition under section 33C2 of the Act for arrears of salary and one month s salary in lieu of notice although at the time of the application the applicant was no longer in service of the employer
Following these Madras decisions a learned single Judge of the Punjab  Haryana High Court in Bachittar Singh vs Central Labour Court Jullundur3 a Division Bench of the Mysore High Court in The Management of Government Soap Factory Bangalore vs The Presiding Officer Labour Court Bangalore4 and the Allahabad High Court in UP Electric Supply Co Ltd vs Assistant Labour Commissioner Allahabad5 took the same view
In the Allahabad case however the provision which directly came up for construction was section 6H of the UP Industrial 1 3 AIR 1969 Punjab 187
5 1966 It ILJ 715
2 4 AIR 1970 Mys
49 Disputes Act the language of which was considered to be identical with that of section 33C of the Act
Incidentally it may be pointed out that section 6H of the UP has been held to be identical with section 33C of the Act even by this Court
Shri Malhotra learned counsel for the appellant contended that all these decisions require reconsideration because they ignore a vital point in construing section 2s which defines workman
This definition has already been reproduced
According to the appellant s submission these decisions have ignored the vital point that the definition of workman specifically includes within its fold only for the purpose of a proceeding under the Act in relation to an industrial dispute persons who have been dismissed discharged or retrenched in connection with or as a consequence of that dispute or whose dismissal discharge or retrenchment has led to that dispute
Since certain categories of persons are also expressly stated not to be included in this definition the Legislature must according to the argument be considered to have intended to define this word with exactitude and precision and its scope therefore cannot be extended to the dismissed discharged or retrenched persons except strictly for the purposes of the proceedings expressly mentioned in the inclusive clause
The fact that the definition also specifically excludes from its purview four categories of persons employed in an industry who would have otherwise been within the periphery of the definition shows that the legislature intended to be meticulously precise leaving no scope for any intendment extending the literal meaning of the language used to dismissed employees for purposes of other proceedings not specified in section 33C2 of the Act
The definition
said Shri Malhotra is exhaustive renderings its extension impermissible
The counsel also commented on the recent decision of this Court in R B Bansilal Abhirchand Mills Co Ltd vs The Labour Court Nagpur supra
According to Shri Malhotra this decision does not touch the question whether a dismissed employee can be considered as a workman for the purpose of approaching the Labour Court under section 33C2 of the Act and he emphasised that this case should be considered to be confined to its own facts
The further contention pressed by Shri Malhotra was that the respon dent s claim raises an industrial dispute and therefore it would be more appropriate for him to claim a reference under section to of the Act
This contention being based only on the appellant s denial of the claim cannot exclude the applicability of section 33C2
He also made a reference to the decision of this Court in Bennet Coleman  Co P Ltd vs Punya Priya Das Gupta1 which was concerned with the Working Journalists Conditions of Ser vice and Miscellaneous Provisions Act 45 of 1955 and contended that in that decision the definitions in section 2c and f of that 1  50 Act took within their fold persons who were no longer in the employment of their erstwhile employer against whom their claim was made provided the claim related to a period when they were in his employment
Shri Malhotra pointed out that in the reported case there was no clause in the statutory definition including therein for limited purposes certain persons otherwise not within the definition and excluding therefrom certain other categories of persons who would otherwise fall within the definition
This is how that case was sought to be distinguished from the present
The crucial point which requires consideration on the appellant s argument is thus confined to the precise scope and meaning of the word workman used in section 33C2 in the background of the definition of this word as contained in section 2s
Now it is noteworthy that section 2 of the Act which is the de finition section begins as is usual with most of the definition sections with the clause unless there is anything repugnant in the subject or context
This clearly indicates that it is always a matter for argument whether or not this statutory definition is to apply to the word workman as used in the particular clause of the Act which is under consideration for this word may both be restricted or expanded by its subject matter
The context and the subject matter in connection with which the word workman is used are accordingly important factors having a bearing on the question
The propriety or necessity of thus construing the word workman is obvious because all parts of the Act have to be in harmony with the statutory intent
Keeping this in mind we may turn to the purpose and object of section 33C of the Act
This section was enacted for the purpose of enabling individual workmen to implement enforce or execute their existing individual rights against their employers without being compelled to have recourse to section 10 by raising disputesand securing a reference which is obvi ously a lengthy process
Section 33C of the Act has accordingly been described as a provision which clothes the Labour Court with the powers similar to those of an executing court so that the workman concerned receives speedy relief in respect of his existing individual rights
The primary purpose of the section being to provide the aggrieved workman with a form similar to the executing courts it calls for a broad and beneficial construction consistently with other provisions of the Act which should serve to advance the remedy and to suppress the mischief
It may appropriately be pointed out that the mischief which section 33C was designed to suppress was the difficulties faced by individual workmen in getting relief in respect of their existing rights without having resort to section 10 of the Act
To accept the argument of the appellant it would always be open to an unfair unsympathetic and unscrupulous employer to terminate the services of his employee in order to deprive him of the benefit conferred by section 33C and compel 51 him to have resort to the lengthy procedure by way of reference under section 10 of the Act thereby defeating the very purpose and object of enacting this provision This in our view quite clearly brings out the repugnancy visualised in the opening part of section 2 of the Act and such a position could hardly have been contemplated by the legislature
In order to remove this repugnancy section 33C2 must be so construed as to take within its fold a workman who was employed during the period in respect of which he claims relief even though he is no longer employed at the time of the application
In other words the term workman as used in section 33C2 includes all persons whose claim requiring computation under this sub section is in respect of an existing right arising from his relationship as an industrial workman with his employer
By adopting this construction alone can we advance the remedy and suppress the mischief in accordance with the purpose and object of inserting section 33C in the Act
We are therefore inclined to agree with the view taken by the Madras decisions and we approve of their approach
According to Shri Malhotra in cases where there is no dispute about the employee s right which is not denied he will be entitled to file a suit
Whether or not the right of suit can be claimed by the employee we are not persuaded on the basis of this argument to accept the construction canvassed on behalf of the appellant and deny to a dismissed employee the benefit of speedy remedy under section 33C2 of the Act
We are aware of a conflict of decisions in some High Courts on the interpretation of section 20 read with section 2i of the Minimum Wage  Act 12 of 1948
This aspect was not canvassed before us and therefore we should not be deemed to express any opinion on the correctness or otherwise of either view
We are referring to this aspect only to make it clear that our decision must be confined to the construction of the provisions of the Act and we must not be understood to have expressed any opinion on the construction of the Minimum Wages Act
In the Madras High Court two single Judges have taken divergent views and tile Kerala High Court agreed with the view that the employees under the Minimum Wages Act need not be in the employment at the time of their applications under section 20 of the Minimum Wages Act whereas the Punjab High Court on the other hand agreed with the contrary view of the Madras High Court
The language of section 20 of the Minimum Wages 52 Act is not completely identical with that of section 33C2of the Act and the relevant clauses of the definition sections in the two statutes are also somewhat differently worded
Without any further discussion on this aspect we are content to observe that this judgment should not be considered as an expression of opinion on the interpretation of the relevant provisions of the Minimum Wages Act
As a result of the foregoing discussion this appeal fails and is dismissed with costs
VPS Appeal dismissed


Summary:
The respondent an employee of the appellant was suspended and the suspension remained in force till the date of his dismissal
He applied to the Labour Court under section 33C2 of the  for computation of the benefits and amounts he was entitled to receive during the period of suspension and the Labour Court decided in his favour
On the question whether the section can be invoked by a dismissed workman in respect of benefits and salary due to him for the period prior to the date of dismissal HELD The sub section provides that where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount due then the question may be decided by the appropriate Labour Court
The definition of workman  in section 2s of the Act includes within its fold only for the purpose of a proceeding under the Act in relation to an industrial dispute persons who have been dismissed discharged or retrenched in connection with or as consequence of that dispute or whose dismissal discharge or retrenchment has led to that dispute
The definition specifically excludes from its purview four categories of persons employed in an industry who would have otherwise been within the periphery of the definition
But because the definition includes only specified types of dismissed discharged or retrenched workmen for limited purposes and expressly excludes certain categories of persons it cannot on that account be contended that the definition is precise and exact and cannot be extended to other dismissed discharged or retrenched workmen whose claim requiring computation is in respect of an existing right arising out of his relationship as an industrial workman of his employer
50B E 51A C The definition section begins with the clause unless there is anything repugnant in the subject or context  The context and the subject matter are accordingly important factors because all parts of the Act have to be in harmony with the statutory intent
The object of enacting the section was to enable individual workmen to implement enforce or execute their existing individual rights against their employers without being compelled to have recourse to section 10 by raising disputes and securing a reference which is obviously a lengthy process
It clothes the Labour Court with powers similar to those of an executing court so that the concerned workman gets speedy relief
It therefore calls for a broad and beneficial construction consistent with the other provisions of the Act which should serve to advance the remedy and to suppress the mischief
The mischief which the section was designed to suppress was the difficulty faced by individual workmen in getting relief in respect of their existing 41 rights without having resort to section 10 of the Act
Therefore the term workman  as used in the sub section must include all persons whose claim requiring compuation under the sub section is in respect of an existing right arising from his relationship as an industrial workman with his employer
Otherwise it would always be open to an unfair unsympathetic and unscrupulous employer to terminate the services of his employee in order to deprive him of the benefit conferred by the section and compel him to have resort to the lengthy procedure by way of reference under section 10 thereby defeating the very purpose and object of enacting the provision
5lE A 52 A E Chief Mining Engineer East India Coal Co Ltd vs
Rameshwar  Ors
1968 1 SCR 140 UP Electric Supply Co vs R K Shukla   R B Bansilal Abhirchand Mills Co P Ltd vs The Labour Court Nagpur  and Bennet Coleman  Co P Ltd vs Punya Priya Das Gupta  referred to
Central Bank of Indict vs P section Rajagopalan 1964 3 SCR 140 and Kesoram Cotton Mills vs Gangadhar 1964 2 SCR 809 disting Tiruchi Srirangam Transport Co P Ltd vs Labour Court Madurai  Manicka Mudaliar M vs Labour Court Madras 1961 I L L J 592 Bachittar Singh vs Central Labour Court Jullunder AIR 1969 Punjab 187 Management of Government Soap Factory Bangalore vs The Presiding Officer Labour Court Bangalore AIR 1970 Mys
225 and UP Electric Supply Co Lod
vs Assistant Labour commissioner Allahabad approved
This judgment should not be considered as an expression of opinion on the interpretation of sections 20 read with section 21 of the