EXECUTIVE ENGINEER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) CHALLENGE to the order passed by the Ist Labour Court, Nagpur on 20-7-1988 is made in this writ petition filed under Articles 226 and 227 of the Constitution of India. By the order dated 20-7-1988 the Ist Labour Court, Nagpur on the application filed by the respondent No. 2 Vishveshwar Damduji (for short, the employee) under section 33-C (2) of the Industrial Disputes Act directed the petitioners Executive Engineer, Minor Irrigation and Dy. Engineer, Minor Irrigation, Zilla Parishad (for short, the employer) to pay an amount of Rs. 4623. 70 towards the travelling allowance for the period from August, 1981 to December, 1983. The Labour Court also awarded cost of Rs. 200/- to the employee payable by the employer. The employee filed an application under section 33-C (2) of the Industrial Disputes Act, 1947 claiming travelling allowance from August, 1981 to December, 1983. The said application was filed by the employee before the Labour Court on 9-3-1987. The details of the travelling allowance claimed by the employee are as under :

(2.) ACCORDING to the employee, he made an application on 19-11-1984 for getting travelling allowances bills, but the employer did not take any care for the said travelling allowance bills.

(3.) APPLICATION filed by the employee under section 33-C (2) was contested before the Labour Court by the employer and one of the contentions raised was that under Rule 44 (4) of the Maharashtra Zilla Parishad and Panchayat Samiti Code, 1968, the bills for travelling allowances were required to be filed within one year of its having accrued and in case the claim of travelling allowance was not made within the aforesaid period, the travelling allowance would be deemed to have been forfeited and the employee would be deemed to have relinquished the said claim.