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2023 Supreme(Bom) 1673

SHAILESH P. BRAHME
Maharashtra State Electricity Transmission Co. Ltd. (MSETCL) – Appellant
Versus
Shivaji Tukaram Kumawat – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.V. Adwant.
For the Respondent: Mr. B. R. Kedar.

JUDGMENT :

1. Rule. Rule is made returnable forthwith with the consent of the parties. Heard learned Counsel for both the sides.

2. The petitioners are challenging judgment and order dated 18.05.2022 passed by the learned Judge Labour Court Jalgaon in IDA application No.6/2018, awarding an amount of Rs.1,60,860/- with interest at the rate of 10% from 01.11.2014 to the respondent. The respondent is the original applicant in proceedings under Section 33C(2) of Industrial Dispute Act (hereinafter referred to as Act).

3. The respondent was working as Senior Operator with the petitioner from 03.04.1979 till 31.05.2015 i.e. age of superannuation. The grievance of the respondent is that he has not been paid the over time remuneration for the period April, 2014 to October 2014 for the period of 303 hrs. He therefore claimed Rs. 1,60,860/- under Section 33C(2) of the Act. The proposal for the over time remuneration was forwarded by the petitioner no.2. But it was not considered. It is the case of the respondent that previously also he was awarded the remuneration for the overtime work. The action of the petitioners was stated to be arbitrary and against the Factories Act and the Industrial Di

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