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M. K. THAKKER
Patel Pravinbhai Parshottamdas – Appellant
Versus
Divisional Controller, Regional Office, R Gujarat State Road Transport Corporation (Gsrtc) – Respondent
JUDGMENT :
M. K. Thakker, J.
1. This petition is filed under Article 226 and 227 of the Constitution of India challenging the judgment and order passed by the learned Presiding Officer, labour Court Mehsana dated 09.08.2024 in Recovery (C-2) Application No 4 of 2014 whereby, the claim of the present petitioner came to be rejected with regard to granting the benefit of regular pay scale from 1985 to 2007.
1.1. It is the case of the present petitioner that opetitioner was appointed as badli worker on daily wage basis on the post of driver from 11.06.1981 and has completed 240 days in each year therefore, respondent-Corporation has started to deduct the Provident Fund from his salary from 16.02.1985. Despite various representations made with regard to granting regular pay scale and the benefit of 5th Pay Commission as well as 6th Pay Commission, those representation went in vain and ultimately, the petitioner retired on attaining the age of superannuation on 30.06.2011. Immediately, thereafter, on 07.12.2011an application was made before the learned Controlling Authority for getting the benefit of gratuity which was withheld by the respondent-Corporation after his superannuation. Learned
A petitioner must disclose all material facts; failure to do so can result in dismissal of claims and costs imposed.
provision specifically provides that for computing the money value of a benefit accrued to the workman, the Labour Court can appoint the Commissioner for taking necessary evidence. Thus, the scope of....
The main legal point established in the judgment is that the Labour Court cannot entertain claim petitions and adjudicate the merits and demerits of the rights of the workman under Section 33(C)(2) o....
The significance of documentary evidence, finality of court orders, and the impact of delay and laches on the dismissal of a petition.
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