- (1.) Rajasthan State Road Transport Corporation (for short, 'petitioner-Corporation'), aggrieved of the order dated 2nd September, 2011, passed by the Labour Court-1, Jaipur, under Section 33C(2), the Industrial Disputes Act, 1947 (for short, 'Act of 1947'), has approached this Court with a prayer to quash and set aside the impugned order, wherein an amount of Rs.54,135/-(fifty four thousand one hundred thirty five), has been computed as due to the respondent-Workman (deceased) through LRs.
(2.) Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy raised are that the respondent-workman filed an application under Section 33C(2) of the Act of 1947, for computation of the amount due on account of salary after 15th February, 1992 to 16th December, 1994, with interest @ 24%. According to the respondent-workman the amount due totalled to Rs.3,05,671/- (three lacs five thousand six hundred seventy one). The petitioner-Corporation contested the application and filed its response. The Labour Court-1, Jaipur, on a consideration, contents of the application, response filed by the petitioner-Corporation and evidence adduced as well as the materials available on record, passed the impugned order dated 2nd September, 2011, computing an amount of Rs.54,135/- (fifty four thousand one hundred thirty five) due to the respondent-workman.
(3.) Learned counsel for the petitioner-Corporation, reiterating the pleaded facts and grounds of the writ application, has emphatically argued that the Labour Court-1, Jaipur, fell in gross error while computing the amount of Rs.54,135/- (fifty four thousand one hundred thirty five), as payable to the respondent-workman. According to the learned counsel since the award was made on 15th February, 1992, but the respondent-workman did not report for duty until he was called upon vide communication dated 3rd December, 1994, and joined his duty on 21st December, 1994, in compliance thereof. Hence, the respondent-workman was not entitled to receive any money for the period with effect from the date of award i.e. 15th February, 1992, until he joined his duty on 21st December, 1994.;