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Labour Court Has No Jurisdiction To Adjudicate Workman’s Claim U/S 33C(2) ID Act In An Undetermined Claim: Karnataka High Court

[09 May 2022] The Karnataka High Court has said that a workman who claims compensation due to injuries suffered during the course of employment, his claims under the Employees Compensation Act 1923, would lie before the Employees Compensation Commissioner and not before the Labour Court. A single judge bench of Justice K S Mudagal said,
“In view of the specific forum provided under the Act, 1923, the Labour Court had no jurisdiction to entertain the claim petition. Though the Workman suffered a certain disability, the question was, due to such disability, whether there was loss of earnings…The respondent claimed that he was entitled to claim the amount due to the injuries suffered by him during the course of employment. Therefore, his claim was under the Act, 1923. In such event the claim lies before the Employee’s Compensation Commissioner and not before the Labour Court.”

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