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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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NITYANANDA M. JOSHI & ORS. vs. LIFE INSURANCE CORPORATION OF INDIA & ORS.

SCR Citation: [1970] 1 S.C.R. 396
Year/Volume: 1970/ Volume 1
Date of Judgment: 25 April 1969
Petitioner: NITYANANDA M. JOSHI & ORS.
Disposal Nature: Appeals Allowed
Neutral Citation: 1969 INSC 125
Judgment Delivered by: Hon'ble Mr. Justice S.M. Sikri
Respondent: LIFE INSURANCE CORPORATION OF INDIA & ORS.
Case Type: CIVIL APPEAL /301 to 319 and 1105/1969
Order/Judgment: Judgment
1. Headnote

Industrial Disputes Ac: (14 of 1947), s. 33C(2) - Applications for computing benefit of holidays in terms of money-Maintainability.

Indian Limitation Act (36 of 1963), Art. 137-Applications to Labour Court-If covered by Article.

The appellants (employees of the respondent) filed applications against the respondent, under s. 33C(2) of the Industrial Disputes Act, 1947, for computing in terms of money, the benefit of holidays, and for recovering the amount. The Labour Court dismissed the applications insofar as the claim was for a period beyond three years, on the ground that the applications were barred under Art. 137 of the Limitation Act, 1963.

In appeal to this Court, the respondent supported the order of dis- missal also on the ground that the applications were not maintainable under s. 33C(2) because, the sub-section does not indicate the mode in which the question as to the amount at which the benefit should be computed, may be decided.

2. Case referred
3. Act
  • Industrial Disputes Act, 1947 (14 of 1947)
  • Limitation Act, 1963 (36 of 1963)
4. Keyword
  • Industrial Disputes Ac: (14 of 1947)
  • s. 33C(2).