
The Gujarat High Court ruled that Labour Courts under Section 33(C)(2) of the Industrial Disputes Act, 1947, can only enforce pre-existing rights and not decide new claims.
Jayanti Ishwarbhai Parmar, a terminated employee, sought Rs. 3,03,750 in wages, bonus, and rent, but the Labour Court rejected his recovery application, citing no pre-existing right.
He challenged this under Articles 226 and 227 of the Constitution, arguing his entitlement.
The court cited Bombay Chemical Industries v. Deputy Labour Commissioner (2022), K.S. Ravindran v. New India Assurance Co. Ltd. (2015), and Sanjit Roy v. State of Rajasthan (1983), dismissing his plea, reaffirming that Labour Courts act as executing courts, not adjudicators of new claims.
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