LAWS(RAJ)-2023-3-138

RAM LAL YADAV Vs. CHIEF MANAGER, RAJASTHAN

Decided On March 24, 2023
RAM LAL YADAV Appellant
V/S
Chief Manager, Rajasthan Respondents

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed claiming modification of the award dtd. 21/9/2022 in LCC No.8/2020 passed by the Judge Labour Court and Industrial Tribunal (hereafter 'the Tribunal') inter alia alleging that the Labour Court has not awarded the full amount as claimed by the petitioner under different heads as per the due drawn statement appended with application under Sec. 33(c)(2) of the Industrial Disputes Act, 1947 (hereinafter "the ID Act") and as such respondentcorporation be directed to pay the difference amount in overtime allowance, gazetted holidays, weekly rest, DA and interest on unpaid amount of Rs.12,40,619.00 from the date of retirement till realization of the same.

(2.) Facts of the case that the petitioner submitted an application under Sec. 33(c)(2) of the ID Act in the year 2020 (Ann-1) alleging, inter alia, that he was posted as Conductor in respondent-RSRTC and retired on attaining the age of superannuation on 31/3/2016. Petitioner raised his grievance that even after his superannuation amounts of leave encashment, difference of fixation of 5th and 6th selection scale, arrears of gazetted holiday, amount for overtime duty, weekly rest and interest on the amount due have not been paid. The petitioner enclosed due drawn statement of the amount alleged to be due.

(3.) Heard. Considered.