THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.86 OF 2004 DATED 2ND FEBRUARY, 2010 BETWEEN A.P. Dairy Development Co.op. Federation Ltd., Rep. by its Managing Director, Lalapet, Hyderabad. … Petitioner And The Additional Industrial Tribunal-cum- Labour Court, Hyderabad. And Another … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.86 OF 2004 ORDER: The issue raised in this writ petition is with regard to the scope and exercise of jurisdiction by the Labour Court in a petition filed under Section 33-C(2) of the Industrial Disputes Act, 1947. The matter is squarely covered by my order dated 05.12.2009 in W.P.No.144 of 2004, wherein I had held that in a petition under Section 33-C(2) of the Industrial Disputes Act,1947, which is in the nature of an execution proceeding, the Labour Court cannot adjudicate disputed questions as to the very entitlement of the workman to the amount claimed. The order in M.P.No.10 of 2000 dated 22.08.2003, under challenge in the present case, which adjudicated such questions was in excess of jurisdiction and is therefore liable to be set aside. The writ petition is accordingly allowed. It is brought to my notice that this Court vide order dated 06.01.2004 directed the petitioner herein to deposit half of the amount payable under the order passed by the Labour Court within a period of six weeks, granting liberty to the respondent-workman to withdraw the same without furnishing any security. It is for the petitioner to take appropriate steps for recovery of the said amount pursuant to this order setting aside the order of the Labour Court. In the event the respondent workman has not withdrawn the sum deposited by the petitioner before the Labour Court pursuant to the interim order, the petitioner is given liberty to move an appropriate application for withdrawing the same. In the circumstances of the case, there shall be no order as to costs. ____________________ SANJAY KUMAR, J. 2ND FEBRUARY, 2010. VGSR