Bombay High Court in Deepak VallabhdasIntwala vs. Casby Logistics Pvt. Ltd. & Ors. (Writ Petition No. 3428 of 2022), recently dismissed the employee’s claim, holding that claims under Section 33C(2) of the Industrial Disputes Act, 1947 (“ID Act“) must be based on clear entitlements derived from statute, contract, or custom. The court noted that the employee’s complaint sought to quash transfer orders without initially demanding monetary relief. It further emphasized that proceedings under Section 33C cannot be misused to create new entitlements. The court also ruled that unfair labour practices by an employer do not automatically entitle an employee to back wages.
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