GUAJRAT TRANSPORT SERVICES Vs. MAHATAMSINGH SHAMBHUSINGH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 18.11.2002 passed by the Labour Court, Ahmedabad in Reference [LCA] No. 859 of 1996, whereby the Labour Court has partly allowed the reference and directed the petitioner Corporation to pay full back wages upto 29.09.1998 and all the retirement dues to the respondent workman.

(2.) The short facts of the case are that the respondent workman at the relevant time was working as Mukadam of Hamals in the petitioner Corporation. On attaining the age of superannuation, the respondent workman came to be discharged from the service w.e.f. 07.02.1996. Thereafter, the respondent workman was asked to vacate the quarter, which he was occupying as Mukadam, by the petitioner Corporation. The respondent workman filed a complaint against the petitioner Corporation before the Assistant Labour Commissioner, who ultimately referred the dispute before the Labour Court for adjudication being Reference [LCA] No. 859 of 1996. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court vide impugned award dated 18.11.2002 partly allowed the Reference with the aforesaid directions. Hence, this petition.

(3.) This Court on 11.08.2004 had passed the following order :- By order dated 10.2.04, this Court had issued rule in the matter and recorded the statement of learned advocate Shri Dave for the petitioner that the petitioner is ready to pay and also deposit the retiral benefits of the respondent-workman on the basis of his date of retirement of 7th February 1996. Mr.Dave states that pursuant to the said order, the petitioner has deposited an amount of Rs.32,600/= before this Court. Since the said amount is due and payable to the respondent-workman admittedly and even the petitioner has no dispute about it, there would be no difficulty in ordering the said amount to be paid over to the respondent-workman. Accordingly, it is directed to the Registry to pay over the said amount of Rs.32,600/= by account payee cheque in name of the respondent workman. Subject to the above modification, the interim order granted earlier is confirmed.