STATE OF GUJARAT Vs. PARVATIBEN SHIVABHAI NANDASIYA

JUDGEMENT

(1.) State has filed this petition challenging the judgment and order dtd. 2/4/2019, passed by learned Labour Court, Rajkot in Recovery Application No.22 of 2013, wherein learned Labour Court directed the payment of Rs.64,800.00 towards leave encashment with cost of Rs.1,000.00 to be paid to the respondent No.1 herein, within 30 days from the date of order.

(2.) Brief facts are as under: Respondent herein joined services as a laborer with Road and Building Department on 16/6/1980 and on attaining the age of superannuation, he retired on 31/7/2007. Respondent was paid benefits as per Government Resolution dtd. 17/10/1988 like Gratuity, Pension and GPF, however, he was not paid amount towards leave encashment for 300 leave. Aggrieved by the same, respondent had filed an application under Sec. 33C(2) of the Industrial Dispute Act, 1947 before learned Labour Court, Rajkot for the payment of leave encashment. Labour Court, Rajkot vide order dtd. 2/4/2019 allowed his application and directed the petitioner herein - State to pay an amount of Rs.64,800.00 with cost of Rs.1,000.00 to be paid to respondent No.1 herein within 30 days from the date of order, towards leave encashment.

(3.) Aggrieved by the order dtd. 2/4/2019, the present petition is filed by the petitioner- State.