DIVISIONAL CONTROLLER Vs. HANIFABEN KADARBHAI LAGANIYA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner challenging the award of the Labour Court dtd. 20/1/2016 in Recovery Application No.165 of 2013 by the Labour Court, Vadodara.

(2.) The petitioner before this Court is the Gujarat State Road Transport Corporation, which has challenged the aforesaid award of the Labour Court by which the Labour Court has held that the respondent was entitled to receive the benefit of Earned Leave during the period for which the respondent was out of service, but was later on reinstated by virtue of the award of the Labour Court.

(3.) The main argument of the learned advocate for the Corporation is that the question of Earned Leave cannot be treated to be a pre-existing right of the respondent and therefore, could not have been agitated in an application under Sec. 33C(2) of the Industrial Disputes Act, 1947 (for short "the Act"). It is submitted that the question of fact is involved as to whether such workman has or would have actually rendered service during that period during which the proceedings for dismissal and challenge to it before the Labour Court were pending and therefore, as question of fact is involved, it requires adjudication and therefore, cannot be decided under Sec. 33C(2) of the Act.