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2016 Supreme(Guj) 2038

K.M.THAKER
BOTAD MUNICIPALITY THROUGH CHIEF OFFICER – Appellant
Versus
N. K. METALIYA C/O. VASANT PAMNANI – Respondent


Advocates Appeared:
For the Petitioner: MR. PREMAL R. JOSHI.
For the Respondent: MR. YOGEN N. PANDYA.

JUDGMENT :

K.M. THAKER, J.

1. In this petition, the petitioner municipality has challenged the order dated 12.1.2011 passed by the learned Labour Court at Bhavnagar in Recovery Application No. 8 of 1995 whereby the learned Labour Court allowed the recovery application filed by the respondent under section 33C(2) of the Industrial Disputes Act, 1947 (‘the Act’ for short) to recover his claim for alleged overtime during the period from August 1988 to March 1995 and the learned Labour Court, by allowing the said recovery application, directed the petitioner municipality to pay Rs. 5,01,122.56.

2. So far as the facts involved in present case are concerned, it has emerged from the submissions by learned advocate for the petitioner municipality and the learned advocate for respondent and the record of the petition that the respondent filed an application by invoking section 33C(2) of the Act and he put forward his claim for Rs. 5,01,122.56 on the ground that during the period from August 1988 to March 1995, he had worked overtime for 7 hours every day and that, therefore, he is entitled for overtime wages for 11,030 hours. The claimant-respondent claimed that rate of wages according to his












































































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