STATION MASTER, NORTH EASTERN RAILWAY, LAI KUWAN, NAINITAL AND OTHERS Vs. OM PRAKASH VERMA AND ANR.
HIGH COURT OF UTTARAKHAND
Station Master, North Eastern Railway, Lai Kuwan, Nainital And Others
Om Prakash Verma And Anr.
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B.S. Verma, J. -
(1.) By means of this petition the petitioners have sought a writ in the nature rartiorari for quashing the judgment and order dated 17-11-1998, passed by Labour Court in Case No. 49 of 1997, whereby the application filed by the work-man-respondent No.1 under Section 33-C(2)of Industrial Disputes Act, 1947 has been allowed.
(2.) Briefly stated that facts of the case giving rise to this writ petition, according to lie petitioners, are that the workman-respondent No.1 filed an application before the Labour Court under Section 33-C(2) of Industrial Disputes Act, 1947 (hereinafter referred as 'the Act'), which was registered as Misc. Case No. 41 of 1997, on the ground that the opposite- parties have paid over-time allowance to him from 16-3-1988 to 15-7-1992. The overtime allowance has teen claimed to be INR 50, 000/-, which was illegally retained by the petitioners.
(3.) The application was contested before the Labour Court by the opposite-parties/petitioners by filing the W.S./objection and denied the claim of the workman-respondent No.1. The opportunity to lead the evidence was given to the parties and the parties led their evidence before the Labour Court. Thereafter the Labour Court allowed the claim for INR 46, 015/-.;
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