K.N. RANGASWAMY SETT Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) In the instant petition, petitioner has sought for quashing of order dtd. 14/9/2015 passed by the I Additional Labour Court, Bengaluru in Application No.25/2007 vide Annexure-H and further sought for writ of mandamus directing the respondent for payment of overtime wages/allowances for a sum of Rs.1,78,560.00 along with the interest at the rate of 12% p.a.

(2.) The petitioner is a retired conductor. He has attained the age of superannuation and retired from service in the year 2005. He had filed an application before the Labour Court under Sec. 33C(2) of the Industrial Dispute Act, 1947 in respect of claiming overtime wages/allowances for the period from July 2000 to August 2005. Perusal of the records, it is evident that Labour Court appointed Court Commissioner, Sri.N.S.Narasimha Swamy who has submitted report on 4/2/2015. In paragraph 13 of report dtd. 4/2/2015, it is held as under:-

(3.) The Labour Court proceeded to reject the application of the petitioner filed under Sec. 33C(2) of the Industrial Dispute Act, 1947 wherein it is given a finding that petitioner's claim is after retirement and further the petitioner has not apprised what is the basis for claiming over time wages/allowances. The Labour Court's finding cited supra is not supported by any material information. Thus, petitioner has presented this petition in questioning the order dtd. 14/9/2015 passed by the I Additional Labour Court, Bengaluru in Application No.25/2007 vide Annexure-H.