Bombay High Court in Superintending Engineer vs. Pundlik Kondiba Pachpinde (Writ Petition No. 4812 of 2018) ruled that a claim under Section 33(C)(2) of the ID Act, is maintainable only if there is an undisputed pre-existing right. In this case, retired employees claimed unpaid overtime, supported by official records and prior approval of overtime. Since the dispute pertained only to computation and not entitlement, the Court upheld the Labour Court’s decision granting the claim with interest.
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