( 1 ) HEARD Mr. Munshaw for the petitioner and Mr. Rathod for the respondent. RULE. Rule is made returnable forthwith. Mr. Rathod waives service of Rule on behalf of the respondents. Heard the learned Advocates for the parties. The respondent herein was lastly working as Assistant Traffic Inspector under the petitioner-Corporation before he retired in July, 1989. The respondent initially joined as a conductor and was subsequently promoted to that post and there is no dispute between the parties that he was a workman at all material times within the definition of the concept under the Industrial Disputes Act, 1947. After his retirement in the month of July 1989, he filed an application under Sec. 33-C (2) of the Industrial disputes Act, 1947, (hereinafter referred to as the Act) being Recovery Application no. 810 of 1990 before the Presiding Officer, Labour Court, Ahmedabad, and in that application he claimed certain over-time payments which were not paid to him during the years 1977-89.

( 2 ) WHEN notice was issued to the petitioner-Corporation, they filed a statement in the Labour Court. As against the claim of the workman to the tune of Rs. 1,52,410. 00, they acc