LAWS(GJH)-2023-4-2608

STATE OF GUJARAT Vs. SONABEN PANCHABHAI MAKWANA

Decided On April 18, 2023
STATE OF GUJARAT Appellant
V/S
Sonaben Panchabhai Makwana Respondents

JUDGEMENT

(1.) State has filed this petition challenging the judgment and order dtd. 6/1/2020, passed by learned Labour Court, Rajkot in Recovery Application No.73 of 2018, wherein learned Labour Court directed the payment of Rs.1,72,900.00 with cost of Rs.3,000.00 towards leave encashment 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 1/1/1994 and on attaining the age of superannuation, he retired on 20/9/2013. 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. 6/1/2020 allowed his application and directed the petitioner herein - State to pay an amount of Rs.1,72,900.00 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. 6/1/2020, the present petition is filed by the petitioner- State.