Veerender Singh Siradhana, J. - (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). "It is, therefore, most respectfully prayed that the writ petition may kindly be allowed and by appropriate writ, order or direction the impugned order dated 12th September, 2012 passed by the Labour Court No. 1, Jaipur may kindly be set aside and the application filed U/s 33 -C(2) of the Industrial Dispute Act, may kindly allowed as prayed therein. Any other appropriate order & direction to which this Hon'ble court deems just & proper may kindly be passed in favour of the petitioner."
(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. The respondents resisting the claim of the petitioner -workman filed their reply to the application stating that the petitioner -workman was engaged for personal and domestic work and was not employee of the firm. Further, the salary, as agreed upon between the parties, was released from the personal account of the Manager of the firm.
(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.;