A litigant must approach the court with clean hands; concealing material facts disqualifies them from seeking relief.

ORDER

1. This writ petition under Article 227 of the Constitution of India has been filed claiming modification of the award dated 21-9-2022 in LCC No.8/2020 passed by the Judge Labour Court & Industrial Tribunal (hereafter 'the Tribunal') inter alia alleging that the Labour Court has not awarded the full amount as claimed by the petitioner under different heads as per the due drawn statement appended with application under Section 33(c)(2) of the Industrial Disputes Act, 1947 (hereinafter "the ID Act") and as such respondentcorporation be directed to pay the difference amount in overtime allowance, gazetted holidays, weekly rest, DA and interest on unpaid amount of Rs. 12,40,619/- from the date of retirement till realization of the same.

2. Facts of the case that the petitioner submitted an application under Section 33(c)(2) of the ID Act in the year 2020 (Ann-1) alleging, inter alia, that he was posted as Conductor in respondent-RSRTC and retired on attaining the age of superannuation on 31-03-2016. Petitioner raised his grievance that even after his superannuation amounts of leave encashment, difference of fixation of 5th and 6th selection scale, arrears of gazetted holiday, amount for overtime duty, weekly rest and interest on the amount due have not been paid. The petitioner enclosed due drawn statement of the amount alleged to be due.

2.1 In reply, respondents clearly denied the amount claimed by petitioner as per his due drawn statement and categorically stated in para No.2 of reply (Ann-2) that amount of gratuity, leave encashment, arrears of 5th and 6th selection scale, arrears for selection scale for 9 and 18 years, gazetted holiday and amount for overtime duty were paid to petitioner between 20-03-2017 to 24-07-2019 along with interest Rs.50,095/- and no amount under such heads are due. Regarding payment for weekly holidays it was stated that the said payment was already stopped vide order dated 14-11-2002; Regarding interest amount it was stated that a Review petition is pending before the High Court and any further payment of interest shall be made as per order passed therein. It was also stated that proceedings for computation for night out and day out allowance are pending.

2.2 Considering submissions of both parties the Tribunal came to the conclusion that amounts on several heads such as weekly holidays, overtime, arrears of 5th and 6th selection scale, gazetted holidays were already paid to petitioner, however, partly allowed the application and directed that proceeding for payment of night out and day out allowance be completed expeditiously and due amount be paid to petitioner and amount of interest be paid to petitioner according to the judgment passed by the High Court in the pending Review Petition.

3. Heard. Considered.

4. From perusal of record, it is undisputed fact that gratuity Rs.7,50,000/-, leave encashment Rs.81,250/-, arrear of 5th pay commission Rs.6026/-, arrears of 6th pay commission Rs.80,633/-, arrears of 9 year service Rs. 17,442/-, arrears of 18 year service Rs.70,718/-, amount of gazetted holidays Rs.35,743/-, overtime allowance Rs.4,94,462/- and interest Rs.50,095/- were already paid by respondents to petitioner. After receiving the aforesaid amount, the petitioner submitted the application along with due drawn statement in the year 2020 but nowhere he disclosed the aforesaid amount so received and as such concealed the material fact. The amount claimed by the petitioner to be due as per due drawn statement are not specific. It is apparent that the petitioner did not approach the Labour Court with clean hands and suppressed the amount already received by him before filing the application in question. In rejoinder, filed by the petitioner before the Tribunal, he has not disputed the payment made by respondents and only stated that full amount was not paid. However, he did not produce any evidence to prove the amount to be due as claimed in due drawn. In absence of any evidence regarding the am