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1997 Supreme(Guj) 631

R.M.DOSHIT
NARANJI PERAJI TRANSPORT – Appellant
Versus
RAMNIKBHAI B. WAGHELA – Respondent


Advocates Appeared: P.S.CHARI, SUREN M.SHAH

R. M. DOSHIT, J.

( 1 ) THIS petition arises of the judgment and award of the learned Chief Judge, Labour Court, Rajkot passed on Recovery Application No. 1322 of 1980 on 30th April, 1984.

( 2 ) THE respondent herein (hereinafter referred to as the workman) was in employment with the petitioner (hereinafter referred to as "the transport company") for more than nine years. It appears that on 1st May, 1980, the workman resigned from the service and on 23rd July, 1980, he preferred the above Recovery application No. 1322 of 1980 under S. 33c (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" ). The workman claimed that every day he had worked for nearly 12 hours and he was, therefore, entitled to overtime for three hours every day. He further claimed that he had worked on all Sundays without any leave and he was entitled to a weekly-off. He, therefore, claimed wages for 468 Sundays. He also claimed wages for 63 days leave and bonus at the rate of 20 percent for S. Y. 2036. The Labour Court, under its impugned judgment and award, rejected the claim of the worman for overtime for three hours every day and the wages for 63 days leave. The Court did award a sum o











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