VidhiSangh

Supreme Court of India · 04/02/2022

M/S BOMBAY CHEMICAL INDUSTRIES versus DEPUTY LABOUR COMMISSIONER & ANR.

[2022] 1 S.C.R. 523 · 2022 INSC 152

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Summary

The Labour Court awarded wage differences under Section 33C(2) despite a serious dispute over whether the claimant had ever been employed as a salesman. The Court set aside that order and its High Court affirmance. Computation proceedings enforce an existing entitlement and cannot first adjudicate its disputed foundation. The claimant remained free to pursue an appropriate reference or other available remedy, with employment status and merits expressly left open.

Issues

  1. Whether Section 33C(2) permitted first adjudication of a seriously disputed employer–employee relationship as the basis for wage differences.

Provisions considered

Held

Result

Appeal allowed without costs. Labour Court’s wage-computation order and High Court judgment quashed; claimant left to an appropriate remedy, including reference, with employment status and merits open.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 523.