DIVISIONAL CONTROLLER Vs. RATILAL ARJANBHAI VACHHANI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order passed by the Labour Court, Junagadh in Recovery Application No.55/1991 dated 22.07.2003, whereby, the said application filed u/s.33(C)2 of the I.D. Act by the respondent was allowed and the petitioner-Corporation was directed to pay an amount of Rs.11,312.40 to the respondent.

(2.) The facts in brief are that the respondent was appointed as a 'temporary worker' by the petitioner-Corporation. The respondent filed Recovery Application No.55/1991 before the Labour Court, Junagadh claiming wages for the period from 01.07.1989 to 21.03.1990. The Labour Court, after hearing both the sides and after considering the evidence on record, allowed the said application. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. Before the Court below, the respondent had produced documentary evidence, vide Exs.13 to 24, in order to show that he had rendered services with the petitioner-Corporation. Further, from his cross-examination, it was established that the petitioner had not paid the outstanding wages to him and had, thereby, had not followed the time-scale.