VINOD KUMAR BEGWANI, SON OF LATE ASHKARAN BEGWANI Vs. THE DIRECTOR, EAST INDIA TRANSPORT AGENCY 20B, ABDUL HAMID STREET, FOURTH FLOOR, KOLKATTA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the order dated 18.04.2009 passed by the Presiding Officer, Labour Court, Ranchi in M.J. Case no. 07 of 2007 whereby the application filed by the petitioner under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short to be referred as 'the Act') for payment of arrears of salary for the period from June, 2006 to October, 2006, difference of salary, bonus and payment of gratuity etc. besides interest over the said amount, was found not maintainable.

(3.) Learned counsel for the petitioner submits that the learned Labour Court while rejecting the application of the petitioner filed under Section 33-C(2) of the Act has erroneously held that the petitioner cannot be treated as "workman" as he has already resigned from the service of East India Transport Agency. The learned Labour Court also committed error in holding that the claim made by the petitioner is not an admitted claim.