DIVISIONAL CONTROLLER Vs. HASMUKH G.RAVAL

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the judgement and order dated 4th July, 2005, passed by the Presiding Officer, Labour Court, Junagadh, in Recovery Application No. 3 of 2004, whereby the Labour Court has partly allowed the said application and directed the petitioner to pay an amount of Rs.73,000/ towards 50% back wages and also to pay cost of Rs.2000/ to the respondentworkman.

(2.) THE short facts leading to filing of this petition are that the respondent herein had preferred Recovery Application No. 3 of 2004 before the Labour Court for recovery of outstanding amount towards back wages. The aforesaid application was resisted by the petitionerCorporation by filing written statement. In the written statement it was averred by the petitionerCorporation that the respondentworkman had retired from the service on 31st March, 1998 and therefore, was not entitled for any back wages after the retirement date. The Labour Court after hearing the parties vide impugned judgement and order dated 4th July, 2005 directed the petitioner to pay an amount of Rs.73,000/ and also to pay cost of Rs.2000/ to the respondentworkman. Being aggrieved by the same, present petition has been preferred.

(3.) HE further contended that the Labour Court has not properly examined the Certificate produced by the respondent workman wherein the date of the birth of the respondentworkman was mentioned as 9th March, 1940 and even in the servicebook of the respondentworkman his date of birth is also mentioned as 9th March, 1940. Therefore, the respondentworkman ought to have retired from the service from 31st March, 1998. He further contended that since, as per the Certificate and the service record, the petitioner was to retire from the 31st March, 1998, therefore, the Labour Court ought not to have grant any back wages to the respondentworkman.