THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.23371 of 2011 ORDER: The petitioner is working as Sweeper in Gurazala Branch of Andhra Bank. He filed M.P.No.192 of 2004 before the Central Government Industrial Tribunal-cum-Labour Court, Hyderabad (for short ‘the Tribunal’), under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short ‘the I.D. Act’), claiming that he was not paid the wages, which he is entitled to. The Tribunal dismissed the petition through its order dated 28-12-2010, holding that an application under Section 33-C(2) is not maintainable, when there is a dispute as to the entitlement of the petitioner, regarding over time wages. It was also directed that the petitioner can work out his remedies, separately. The grievance of the petitioner is that in the body of the order, the Tribunal discussed the merits, and took the view that the claim of the petitioner is not tenable. He submits that such observations would come in the way, when relief is claimed before proper forum. Heard the learned counsel for the petitioner. Having regard to the nature of disposal being given by this Court, it is not felt necessary to issue notice to the respondents. The claim under Section 33-C(2) of the I.D. Act is almost in the form of execution. There must exist prior determination of claim, and a petition under Section 33-C(2) can be made only to enforce such rights. The Tribunal was correct in its approach, when it held that the M.P filed by the petitioner was not maintainable. However, it ought not to have expressed its views on merits of the matter. The same would come in the way of the petitioner, as and when he approaches the concerned authority, for determination of his claim. Hence, the writ petition is partly allowed, upholding the result of the M.P.No.192 of 2004, but directing that, any observations made in the body of the order, touching on the merits, shall not be treated as final pronouncement. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.19-08-2011. KO