Gujarat High Court Case Information System
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SCA/15807/2004 1/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15807 of 2004
For
Approval and Signature:
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 ?
=========================================================
GUJARAT
STATE ROAD TRANSPORT CORPORATION LTD. - Petitioner(s)
Versus
DILIPKUMAR
D GOSWAMI - Respondent(s)
=========================================================
Appearance
:
MS
SEJAL K MANDAVIA for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1,
MS ABHA B
MAKWANA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/08/2010
ORAL
JUDGMENT
By
way of this petition the petitioner has challenged the order dated
21/04/2004 passed by the learned Presiding Officer of the Labour
Court, Rajkot in Recovery Application No.549 of 1990 whereby the
application of the respondent was partly allowed and directed the
petitioner Corporation to pay Rs.12,000/- being the amount of LTC
and Rs.9,835/- being the amount of bonus to the respondent
workman along with 12 % interest within a period of 30 days from the
date of receipt of the said order.
2. Learned
Advocate for the petitioner has submitted that in view of the
circular issued by the Department, the respondent is not entitled to
any LTC or bonus amount as the respondent-workman was dismissed from
service and ultimately reinstated.
3. Having
heard the learned Advocates for the parties and considering the fact
that recovery application is of 1990, it will not be appropriate to
disturb the order of the Labour Court allowing the recovery
application. However, the order of awarding 12 % interest is quashed
and set aside and it is hereby directed that petitioner to pay an
amount of Rs.21,835/- to respondent within a period of four weeks
from today. Rule is made absolute to the aforesaid extent.
(K
S JHAVERI, J.)
sompura
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