D T C Vs. RADHA KISTO

JUDGEMENT

(1.) Vide the present petition, the petitioner/DTC has impugned the Award dated 18th February, 2006 whereby the respondent's application under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act"), claiming an amount of Rs.18,965/- was allowed by the learned Labour Court.

(2.) The brief facts as emerge from the record are that the respondent was appointed as a Mechanic with the petitioner/DTC on 31st July, 1957 and had retired on 31st March, 1988 after rendering service of 30 years and 8 months. Upon his retirement, the respondent was, in accordance with the Pension Scheme of the DTC/petitioner, sanctioned pension when he realised that he had been paid all his terminal dues by treating his service only as 29 years 3 months and 19 days as against his actual service of 30 years and 8 months.

(3.) Feeling aggrieved by the grant of lesser amount to him towards his terminal dues which included not only his Provident Fund but also arrears of pension, the respondent approached the learned Labour Court on 30th December, 1998 by way of an application under Section 33-C (2) of the Act. The petitioner's claim as set out in his aforesaid application is reproduced hereinbelow below for the sake of clarity:-