1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1674 OF 2005 Manohar Dhaklu Chavan .. Petitioner versus Premier Automobiles Ltd & ors . Respondents ... Mr. Vijayukumar withM.D.Malkhare for Petitioner Mr T.Shetty with Mr S.Shetty for Respondents CORAM CORAM CORAM : D.G. KARNIK, J : D.G. KARNIK, J : D.G. KARNIK, J DATED DATED DATED : 11th July 2005. : 11th July 2005. : 11th July 2005. P.C. P.C. P.C. 1. Heard learned counsel for both sides. The petitioner was employed at Walchandnagar Industries Ltd and his services were transferred to Premier Automobiles Ltd a sister concern which is the respondent no.1. By a letter dated 8th November, 1988 the petitioner was offered certain terms of 2 employment as more beneficial to him. The petitioner has signed his acceptance on the said letter. As such, the petitioner’s terms and conditions stands governed by letter dated 8th November, 1988. 2. The petitioner filed an application under section 33-C (2) of the Industrial Disputes Act alleging that he was entitled to certain wages and the amounts have not been paid to him. The Labour Court has rejected the claim and held that the petitioner was not entitled to the claim. 3. It is the settled position in law that an application under section 33-C (2) is in the nature of execution proceedings. The claim is disputed. The claim has not been adjudicated by any court previously. In the circumstances, the petitioner is not entitled to claim the amount in an application under section 33-C (2). Hence, petition rejected. D.G.KARNIK, J