DIVISIONAL CONTROLLER Vs. CONCILIATION OFFICER

JUDGEMENT

(1.) Gujarat State Road Transport Corporation through its Divisional Controller, Ahmedabad, has filed this Special Civil Application challenging the order passed by the Conciliation Officer, Ahmedabad on 30th April 1985 under section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act).

(2.) Respondent No.2 (hereinafter referred to as the workman) was working with the GSRTC as a Conductor. The workman was dismissed w.e.f. 18.9.1984. GSRTC forwarded an application for approval under section 33 (2) (b) of the ID Act. On behalf of the Workman it was submitted that he should have been paid Rs.1088.00, but he was paid only Rs.1078/60 and as less amount was paid, it can be said that he has not been paid the amount as required to be paid under law. It was also contended that the opponent has not been paid washing allowance. It clearly appears that the workman was paid his pay, DA, and House Rent Allowance, totalling to Rs.1078-60. Conciliation Officer, vide Annexure 'A', disallowed the approval application stating that employer, by not paying one month's full salary, has not complied with condition.

(3.) Before the Division Bench, when the matter was placed for admission on 8.9.1986, the Division Bench issued Rule and granted ad-interim relief in terms of paragraph 8 (B) of this petition, i.e. to the effect that pending the hearing and final disposal of this petition, the operation of the aforesaid order, Annx. 'A', is stayed.