ORDER :

1. Rule. Learned advocate Mr.Y.J.Patel waives service of notice of rule for and on behalf of the respondent.

2. In the present writ petition, the petitioner has prayed for quashing and setting aside the order dated 15.02.2018 passed by the Labour Court, Surendranagar in Recovery Application (C- 2) No.105 of 2011.

3. It is the case of the petitioner that he is entitled to the amount of leave encashment and accordingly, he filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 (I.D. Act) for recovery of the amount of Rs.2,83,611/- from the respondent along with 20% interest..

4. Learned advocate for the petitioner has submitted that the impugned order passed by the Labour Court is required to be quashed and set aside since the Labour Court has illegally decided the claim of the petitioner by observing that the applicant i.e. the present petitioner was under suspension from 1995 to 2006 and was paid the amount of Rs.77,898/- and the amount of Rs.39,894/- was paid as leave encashment on his retirement date i.e. 30.06.2009. It is further submitted that in fact the petitioner is entitled to the amount of Rs.2,83,611/- towards leave encashment along with 20% in