MANAGING DIRECTOR, RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR Vs. JAGDISH NARAYAN MORYA
LAWS(RAJ)-2015-12-211
HIGH COURT OF RAJASTHAN
Decided on December 02,2015

MANAGING DIRECTOR, RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR Appellant
VERSUS
Jagdish Narayan Morya Respondents

JUDGEMENT

M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 14.05.2015 on an application under Section 33(c)(2) of the Industrial Disputes Act, 1947 (in short, 'the Act of 1947').
(2.) Learned counsel submits that benefits have been computed pending application under Section 33(2)(b) of the Act of 1947. It is without having existing right to claim for computation of the benefits. Even if something was due to the non-petitioner/employee, it was only a sum of Rs.7000/-and odd, as clarified by the Corporation. Learned Labour Court has awarded a sum of Rs.14,375/-, based on erroneous calculation. The interest @ 12% p.a. has also been awarded. He also submits that Dearness Allowance (DA) has been made permissible on the overtime, though no DA is payable on the overtime. Thus, the impugned order deserves to be quashed.
(3.) I have considered the submissions made by the Counsel for the petitioner and perused the record.;


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