Gujarat High Court Case Information System
Print
SCA/9069/2002 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9069 of 2002
HONOURABLE
MR.JUSTICE KS JHAVERI
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
COLLECTOR
& 2 - Petitioner(s)
Versus
MANUBHAI
SITARAM MORE & 4 - Respondent(s)
======================================
Appearance :
GOVERNMENT
PLEADER for Petitioner(s) : 1 - 3.
None for Respondent(s) : 1 -
5.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 09/08/2010
ORAL
JUDGMENT
1. This
petition is directed against the judgement and award passed by Labour
Court, Ahmedabad in Recovery Application No.2930 of 1994 whereby the
petitioner is directed to pay the respondents various amounts as
stated in the award.
2. The
respondents herein had filed an application under section 33(c)(1) of
the Act and the question before the Labour Court was whether the
respondents herein are entitled to get the amount in question on
account of overtime working as claimed by them. The Labour Court
granted the said claim as stated hereinabove.
3. Heard
the learned Advocates for the respective parties and perused the
relevant record.
4. It
is by now well settled law that no overtime payment can be granted
without adjudication thereof. In the present case the Labour Court
has granted the overtime payment without adjudication of the issue
and on this ground alone the impugned order becomes illegal.
Therefore the judgement and award of the Labour Court is hereby
quashed and set aside. Rule is made absolute accordingly with no
order as to costs.
[K.S.
JHAVERI, J.]
ar
Top