OM PRAKASH KHUNTETA Vs. LABOUR COURT AND ORS.

JUDGEMENT

(1.) THE instant writ petition, projects a challenge to the legality and validity of the order dated 12th September, 2012, passed by the Labour Court -1, Jaipur, declining the claim for computation under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'Act of 1947', for short), as claimed by the petitioner, and therefore, has approached this Court praying for following relief(s).

(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised in the writ petition needs to be first noticed. The petitioner filed an application under Section 33 -C(2), Act of 1947, for computation of his salary with interest. It is pleaded case of the petitioner -workman that he was appointed on 28th March, 1996, by the respondents for assortment of stones, to check measurements, to do work related to bank and other office transactions. The petitioner claimed that his salary at the time of termination of his employment was 3,000/ - (rupees three thousand). The petitioner also staked his claim for having worked over time, including work carried out on Sundays, holidays and during the privileged leave etc.

(3.) THE Labour Court taking into consideration the pleaded facts, reply to the application and materials available on record as well as upon hearing the representatives of the parties, declined the application under Section 33 -C(2) of the Act of 1947, for the money of which computation was sought for was not due under any settlement or an award or under the provisions of the any contract or enactment.