AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. MEHBOOBKHAN AKBARKHAN PATHAN

JUDGEMENT

(1.) Heard Mr. H.S. Munshaw, learned counsel for the petitioner and Mr. M. M. Barejia, learned advocate for the respondent.

(2.) The challenge in this petition is to the order passed by the Labour Court in an application under Sec. 33(A) of the Industrial Disputes Act. The Labour Court held that the benefits which were given to the respondent in terms of the higher pay scale by virtue of the Resolution of 16/8/1994 cannot be recovered as a result of subsequent Resolution dtd. 2/7/2007. Accordingly, the respondent - workman succeeded before the Labour Court.

(3.) The issue raised in this petition has been decided by the coordinate Bench of this Court in Special Civil Application No.6119 of 2015 and allied matters dtd. 28/9/2016 which was also confirmed by the Division Bench of this Court in appeal. The relevant paragraphs of Common CAV Judgment dtd. 28/9/2016 are reproduced hereunder: