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2022 Supreme(Bom) 1401

G.S.KULKARNI
Prabhakar Kisan Magar – Appellant
Versus
Divisional Railway Manager – Respondent


Advocates appeared:
R.R.Salvi, Advocate, Suvarna Telgote, Advocate, Neeta V. Masurkar, Advocate, Nieyaati Masurkar, Advocate, Suresh Kumar, Advocate

JUDGMENT

G. S. Kulkarni, J. - These are four Writ Petitions which raise common issues of facts and law in mounting a challenge to the orders passed by the Central Government Industrial Tribunal & Labour Court No.II at Mumbai (for short 'Industrial Tribunal') whereby the applications of the petitioners filed under Section 33(C)(2) of the Industrial Disputes act,1947 (for short 'the ID act'), have been dismissed.

2. The facts in all the four petitions are quite similar. For convenience, the facts of Writ Petition No.8129 of 2009 are required to be noted. The petitioner in the present case was formerly employed as a 'First Class Coach attendant', in the Commercial Department of the respondent-Railways. In the year 1989, he filed an application before the Industrial Tribunal under Section 33-C(2) of the act claiming overtime wages from the respondent.

3. The said application of the petitioner was allowed by the Industrial Tribunal by an order dated 30 September 1992 whereby the Industrial Tribunal ordered the respondent railways to pay to the petitioner overtime wages of Rs.49828.35. Such amount was to be paid to the petitioner within a period of three months from the date of the said ord

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