Managing Director, Rajasthan State Road Transport Corporation, Jaipur v. Jagdish Narayan Morya
2015-12-02
M.N.BHANDARI
body2015
DigiLaw.ai
JUDGMENT 1. - By this writ petition, a challenge is made to the order dated 14.05.2015 on an application under Section 33(c)(2) of the Industrial Disputes Act, 1947 (in short, 'the Act of 1947'). 2. Learned counsel submits that benefits have been computed pending application under Section 33(2)(b) of the Act of 1947. It is without having existing right to claim for computation of the benefits. Even if something was due to the non-petitioner/employee, it was only a sum of Rs.7000/-and odd, as clarified by the Corporation. Learned Labour Court has awarded a sum of Rs.14,375/-, based on erroneous calculation. The interest @ 12% p.a. has also been awarded. He also submits that Dearness Allowance (DA) has been made permissible on the overtime, though no DA is payable on the overtime. Thus, the impugned order deserves to be quashed. 3. I have considered the submissions made by the Counsel for the petitioner and perused the record. 4. I find that application under Section 33(c)(2) was filed during the pendency of another application filed by the Corporation under Section 33(2)(b) of the Act of 1947. The petitioner has raised objection regarding maintainability of the application for computation of the benefits. In my opinion, there is no bar to seek computation of benefits under Section 33(c) (2) of the Act of 1947 when due amount is for the period prior to the order of dismissal or termination. 5. In the instant case, the application was filed to claim salary for 245 days towards holidays. The evidence was led by the parties, wherein the employee failed to submit evidence to claim wages for 245 days towards weekly and gazetted holidays. A counter affidavit was submitted by the Corporation, wherein they had admitted outstanding payment for 83 days towards weekly holidays. In view of the above, so far as the salary for 83 days towards weekly holidays is concerned, claim has not been disputed by the Corporation and in the light of the aforesaid, it became the existing right in favour of the non-petitioner/employee. Since it is not towards overtime but salary of weekly holidays, the calculation was made by the learned Labour Court by adding the Dearness Allowance on it, which is otherwise permissible. 6.
Since it is not towards overtime but salary of weekly holidays, the calculation was made by the learned Labour Court by adding the Dearness Allowance on it, which is otherwise permissible. 6. In view of the above, I do not find any illegality in the order of the learned Labour Court in computing the due amount of Rs.14,375/- and for its payment with interest @ 12@ p.a. from the date of filing of the application. 7. The writ petition is accordingly dismissed.Writ Petition Dismissed. *******