GITABEN NARENDRASINH YADAV Vs. TRANSPORT MANAGER & ANR

JUDGEMENT

(1.) RULE . Learned advocate Mr. Hemant Munshaw waives service of notice of rule for respondent No.1. Learned advocate Mr. Akshat Khare waives service of notice of rule for respondent Nos.2 and 3, whereas learned advocate Mr. Paritosh Calla waives service of notice of rule for respondent No.4.

(2.) THE petitioner has challenged the order dated 17.02.2012 passed by Labour Court No.2, Ahmedabad, whereby Recovery Application No. 5 of 2009 of the workman filed under Section 33(C)(2) of the Industrial Disputes Act, 1947, was dismissed. The dismissal of the application was on the twin grounds that the claim not based on any order and the application was not filed within the time limit of one year.

(3.) A preface of relevant facts would be pertinent and necessary. The applicant before the Labour Court in the recovery application was Gitaben Narendrasing Yadav, widow of deceased workman -Narendrasing Ramlal Yadav. He was working since 1986 in the traffic department of the respondent -Ahmedabad Municipal Transport Service(AMTS). He was made permanent in the year 1991.