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2012 Supreme(Bom) 1067

ANOOP V.MOHTA
Sarjerao Janardhan Hande – Appellant
Versus
Maharashtra State Co-operative Marketing Federation Ltd. – Respondent


Advocates appeared:
For the Petitioners:R.P. Sawant i/by A.K. Jalisatgi, Advocates.
For the Respondent:N. V. Bandiwadekar, Advocate.

Judgment :

Heard finally by consent.

The Petitioners have challenged the impugned order passed on an Application under Section 33C(2) of the Industrial Disputes Act, 1947 thereby rejected their claim of overtime wages.

2 Both the Petitioners were working as drivers with the Respondent. Petitioner No.1 took Voluntary Retirement Scheme (VRS) and retired on 31.03.2008. Petitioner No.2 retired on superannuation on 30.04.2008. NO dispute was raised at that time with regard to the overtime wages. The Common Application was filed on 18.11.2009 i.e. after getting all the benefits of retirement/VRS.

3 The Respondent resisted their Application on all counts and even denied the validity of so-called documents filed and the averments so raised. The Petitioners, therefore, filed an Application for production of documents referring to the dates and vehicle numbers which they claim to have worked and the relevant overtime bills. The Respondent again by its reply dated 24.08.2010 resisted the Application also and denied specifically that they were not in possession of any original overtime form and/or Register as claimed and/or as alleged. They even denied the existence or possession of such reco








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