IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.925 of 2008 SITA RAM MODI Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : Mr. V.N.Sahay, Advocate ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 25th November, 2008. The appeal suffers from delay of 34 days and for condonation thereof an application (I.A. No. 6889 of 2008) has been made. Even if, we condone the delay in filing the appeal, in our considered view, the appeal has no merit and it does not deserve to be admitted. 2. Legal position is no more res integra that the proceedings under Section 33 C (2) of Industrial Disputes Act, 1947 are in the nature of execution. In case a claim is not yet determined or adjudicated, the proceedings under Section 33 C (2) for adjudication and determination of such claim will not be maintainable. Although, the counsel for the appellant contended that the proceedings under Section 33 C (2) initiated by the appellant related to an admitted claim of unpaid salary. That does not seem to be so. The material on record neither suggests nor shows that the salary claim by the petitioner by means of the proceeding under Section 33 C (2) is admitted or the - 2 - claim set-up in the proceedings is adjudicated. 3. The consideration of the matter by the Single Judge does not call for any interference. 4. L.P.A. does not deserve to be admitted. It is dismissed in limine. 5. This disposes of I.A. No. 6889 of 2008 as well. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-