1 RAMESHWAR LAL SANADIYA VS. M/S. HINDUSTAN ZINC LTD., UDAIPUR & ANR. (D.B.CIVIL SPECIAL APPEAL NO.605/09) Dated:- 22.7.09. HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE SANGEET LODHA Mr. M.Mridul, Senior Advocate assisted by Mr. A.K.Choudhary, for the appellant. 1. This special appeal is directed against the order dated 26.3.09 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant seeking direction against the respondents for payment of amount due in terms of the award dated 29.2.84 passed by the Labour Court, Udaipur, as modified vide order dated 29th August,96 by the Hon'ble Supreme Court, has been dismissed and the appellant has been relegated to the remedy available u/s 33 C(2) of the Industrial Disputes Act, 1947( in short “the Act of 1947” hereinafter). 2. By award dated 29.2.84, the petitioner's removal from service was held to be illegal by the Labour Court, Udaipur and accordingly, directions were issued for his reinstatement in service will full back wages. 3. A writ petition preferred by the employer assailing the aforesaid award was dismissed by the learned Single Judge of 2 this court vide order dated 6.12.85. A special appeal preferred by the employer assailing the order dated 6.12.85 passed by the learned Single Judge also failed. However, on Special Leave Petition being preferred by the employer, the award passed by the Labour Court dated 29.2.84 was modified by the Hon'ble Supreme Court to the extent of back wages and the appellant was held entitled for 50% of the back wages. 4. In terms of the award as modified by the Hon'ble Supreme Court, a sum of Rs.96,078/- were paid by the employer to the appellant against 50% of the back wages and other dues. However, according to the petitioner, the award passed by the Labour Court was not fully satisfied inasmuch as, the outstanding amount payable on account of attendance incentive and production incentive etc. for the period, the petitioner was kept out of service w.e.f. 15.5.81 till he was taken on duty, were not paid to him. 5. The learned Single Judge after due consideration of the matter opined that the claim made by the petitioner in the writ petition can be determined in terms of the money and it is open for him to get the same settled by way of proceedings before the Labour Court u/s 33 C (2) of the Act of 1947. Accordingly, the learned Single Judge while declining to interfere in the matter, has disposed of the writ petition with liberty to the petitioner to take appropriate proceedings u/s 33 C (2) of the Act of 1947. 3 6. As per the provisions of Section 33 C(2), where a workman is entitled to receive from employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to amount of money due or as to amount at which such benefit should be computed then, such question can be decided by the Labour Court. Admittedly,a sum of Rs.96,078/- has already been paid to the appellant by the employer against 50% of the back wages and certain other dues and even, according to the appellant, the benefits which he is entitled to receive from the employer under the award but have been denied to him are capable of being computed in terms of the money. The proceedings u/s 33 C(2) is in the nature of execution proceedings and therefore, if the petitioner has been denied any benefits to which he is entitled under the award then, the appropriate remedy is to approach the Labour Court concerned for determination of his claim in accordance with law. 7. In our considered opinion, in view of the availability of appropriate remedy under the relevant statute, on the facts and in the circumstances of the case, the learned Single Judge has rightly declined to exercise the extra ordinary jurisdiction of this court under Article 226/227 of the Constitution of India. We do not find any error in the order impugned warranting interference by us in this intra court appeal. 4 8. In the result, the appeal fails, it is hereby dismissed. No order as to costs. (SANGEET LODHA),J. (A.M.KAPADIA),J. Aditya/-