[33C. Recovery of money due from an employer.—
(1) Where any money is due to a workman
from an employer under a settlement or an award or under the provisions of 6[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 revenue:
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
1. Ins. by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984).
2. Ins. by Act 48 of 1950, s. 34 and the Schedule.
3. Subs. by Act 46 of 1982, s. 18, for certain words (w.e.f. 21-8-1984).
4. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957).
5. Subs. by Act 36 of 1964, s. 19, for section 33C (w.e.f. 19-12-1964).
6. Subs. by Act 32 of 1976, s. 4, for “Chapter VA” (w.e.f. 5-3-1976).
58
that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by
the appropriate Government; 1[within a period not exceeding three months:]
1
[
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.]]
STATE AMENDMENT
Assam
Amendment of Section 33-C.—In the principal Act, in section 33-C, 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 having jurisdiction who shall proceed to realize as if
it were a fine imposed by such Magistrate” shall be substituted.
[Vide Assam Act 22 of 2007, s. 3]
Rajasthan
Amendment of section 33C, Central Act 14 of 1947.-In sub-section
(1) of section 33C of the
principal Act, 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.
[Vide Rajasthan Act 14 of 1970, s. 8]
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