DEPUTY EXECUTIVE ENGINEER Vs. PALABHAI BHANABHAI RATHOD

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.94 of 2015, wherein the learned Labour Court directed the payment of Rs.1,71,360.00 towards leave encashment with 6% simple interest within 30 days from the date of receipt of the order.

(2.) Brief facts are as under: Respondent herein joined services as a daily wager on 16/8/1977 in the Roads and Building Department and on attaining the age st of superannuation, he retired on 31/7/2013. The Respondent was paid benefits as per the Government Resolution dtd. 17/10/1988 like Gratuity, Pension and GPFs etc., however, he was not granted the benefit towards leave encashment for 300 leave. He filed an application under Sec. 33 (C) (2) of the I.D. Act 1947, before learned Labour Court, Rajkot for recovery of the nd same. The Labour Court, Rajkot vide order dtd. 2/4/2019, allowed his application and directed the petitioner - State to pay an amount of Rs.1,71,360.00 with 6% simple interest within 30 days from the date of receipt of the order

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