J.B.MEHTA, N.M.MIABHOY
NATWARLAL VITHALDAS PATEL – Appellant
Versus
MUNICIPALITY OF VADNAGAR – Respondent
( 1 ) THIS petition under Article 227 of the Constitution is directed against the order of the First Labour Court Ahmedabad dated 28 August 1961 under which the petitioners application under sec. 33-C (2) of the Industrial Disputes Act 1947 (hereinafter referred to as the Act) has been dismissed. The short facts which have given rise to this petition are as under :-The petitioner is an oilman working in the Power House run by the respondent No. 1 Vadnagar Municipality which is a District Municipality governed by the Bombay District Municipal Act 1901 thereinafter referred to as the Municipal Act ). The respondent No. 1 on 2 July 1949 entered into a settlement under the Act during conciliation proceedings under which the salaries of the workmen including the petitioner were revised with effect from 1st July 1959. As the petitioner was not paid the revised wages from 1st July 1959 to 30th September 1959 the petitioner applied to the Labour Court under section 33-C clause (2) of the Act to compute the benefit to which he was entitled under the said settlement and to issue the requisite recovery certificate. The Labour Court has dismissed the said application on the grou
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