AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. HASMUKHLAL CHUNILAL BHAVSAR

JUDGEMENT

(1.) Heard Mr.H.S. Munshaw, learned counsel for the petitioner and Ms.P.C. Fernandis , learned counsel for the respondent.

(2.) The petitioner, being aggrieved by the order dtd.23/12/1997 passed by the Presiding Officer, Labour Court, Ahmedabad in Recovery Application No.2033 of 1989, is before this Court with the submissions that neither the application was maintainable under sec.33-C-2 of the Industrial Disputes Act, nor the same could be allowed on the merits.

(3.) Short facts necessary for disposal of the writ application are that the present respondent workman tendered his resignation letter on 11/6/986, it was accepted w.e.f. 11/6/1986, in lieu of the notice, the workman deposited one month's salary with the petitioner employer. Thereafter, the workman withdrew a sum of Rs.25,296.38 ps. deposited under the Contributory Provident Fund Scheme, because at the time of his resignation, there was no scheme for grant of pensionary benefits.