NATWARLAL AMRUTLAL SHAH Vs. EMPLOYEES STATE INSURANCE SCHEME

JUDGEMENT

(1.) A short, but interesting question, which has figured in this Letters Patent Appeal under Clause 15 of the Letters Patent is, as to whether the impugned order of the learned single Judge, whereby, the claim for an amount of Rs. 2,06,068.00 made by the respondent-workman, who was working with E.S.I. Scheme, Ahmedabad, towards overtime wages due and payable, setting aside the order passed by the Labour Court, is justified or not, to which our answer, upon assessment and evaluation of the facts and circumstances and the principles of law is, in the negative, in favour of the workman, for the following reasons.

(2.) At this stage, admitted aspects may be narrated so as to comprehend, fully, the merits of this Letters Patent Appeal. in Special Civil Application No. 2294 of 1995 with C.A. No. 7486 of 1996.

(3.) The appellant was appointed as watchman with respondent-E.S.I. Scheme, Ahmedabad (hereinafter known as 'the Corporation'). He made an application for the recovery of dues of overtime, etc. before the Labour Court. The Recovery Application No. 2082 of 1990 was granted on 16-5-1994 against the respondent. Thus, the amount of Rs, 2,06,068/- towards overtime was granted, and accordingly, direction was issued to the respondent-Corporation for payment, which came to be questioned by the respondent by filing Special Civil Application No. 2294 of 1995, which came to be allowed by the learned single Judge. Hence, this Letters Patent Appeal under Clause 15 of the Letters Patent.