How to do Recovery of money due from an employer? Section 33C of Industrial Disputes Act 1947
33C. (1) Where any money is due to a workman from
an employer under a settlement or an award or under
the provisions of 89[Chapter VA or Chapter VB], the
workman himself or any other person authorised by
him in writing in this behalf, or, in the case of
the death of the workman, his assignee or heirs may,
without prejudice to any other mode of recovery,
make an application to the appropriate Government
for the recovery of the money due to him, and if the
appropriate Government is satisfied that any money
is so due, it shall issue a certificate for that
amount to the Collector who shall proceed to recover
the same in the same manner as an arrear of land
Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer :
Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government within a period not exceeding three months.
91 [Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.
(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a Commissioner who shall, after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the Commissioner and other circumstances of the case.
(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1).
(5) Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen.
Explanation : In this section "Labour Court" includes any Court constituted under any law relating to investigation and settlement of industrial disputes in force in any State.
In sub-section (1)of section 33C of the principal Act, for the words "to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue", the words "to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate having jurisdiction and Chief Judicial Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall proceed to realise the money as if it were a fine imposed by such Magistrate" shall be substituted - Andhra Pradesh Act No. 32 of 1987.
In sub-section (1) of section 33C after the expression "Chapter VA", the expression "or under an order issued by the State Government under section 10K of the Act" shall be inserted - Rajasthan Act No. 14 of 1970.
In section 33C of the principal Act, in sub-section (1), for the words "to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue", the words "to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate having jurisdiction and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall proceed to realise the money as if it were a fine imposed by such Magistrate" shall be substituted - West Bengal Act No. 57 of 1980.
Section 28 - Penalty for giving financial aid to Illegal strikes and lock-outs
Section 29 - Penalty for breach of settlement or award
Section 30 - Penalty for disclosing confidential information
Section 30A - Penalty for closure without notice
Section 31 - Penalty for other offences
CHAPTER VII MISCELLANEOUS
Section 32 - Offence by companies, etc
Section 33 - Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings
Section 33A - Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings
Section 33B - Power to transfer certain proceedings
Section 33C - Recovery of money due from an employer
Section 34 - Cognizance of offences
Section 35 - Protection of persons
Section 36 - Representation of parties
Section 36A - Power to remove difficulties
Section 37 - Protection of action taken under the Act
Section 38 - Power to make rules
Section 39 - Delegation of powers
Section 40 - Power to amend Schedules
First Schedule - Industries which may be declared to be public utility services under Sub-Clause (VI) of Clause (N) of Section 2
Second Schedule - Matters within the jurisdiction of labour courts
Third Schedule - Matters within the Jurisdiction of Industrial Tribunal
Fourth Schedule - Conditions of Service for change of which notice is to be given