Gujarat High Court

SCA/851/1985 of A M C Vs RAMDULARE SHIVRATAN on 13 December 1996

Cites 0, Cited by 0

HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 851 of 1985 AND SPECIAL CIVIL APPLICATION No 853 of 1985 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed to

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 851 of 1985

AND

SPECIAL CIVIL APPLICATION No 853 of 1985

For Approval and Signature:

Hon'ble MR.JUSTICE S.K.KESHOTE

============================================================

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- AHMEDABAD MUNICIPAL CORPORATION

Versus RAMDULARE SHIVRATAN

-------------------------------------------------------------- Appearance: In both the Sp.Civil Applications: MR DV MEHTA for Petitioner None present for Respondent

-------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 13/12/96

ORAL JUDGEMENT Heard learned counsel for the petitioner and perused the record. As both the matters proceed on same facts and grounds they are being disposed of by this common order.

The petitioner has challenged in these Special Civil Applications the order of the Labour court made on application of the respondents filed by them under sec.33-C(2) of the Industrial Disputes Act, 1947 for computation of overtime allowance, and the amount of allowance has been computed.

The counsel for the petitioner contended that under sec.33-C(2) of the I.D. Act, 1947, the Labour court has no jurisdiction to compute the amount of overtime.

I have already taken a view in many matters that under sec.33-C(2) of the I.D. Act, 1947, the Labour court has no jurisdiction to compute the claim of overtime allowance. This view has been taken by me relying on a Supreme Court decision.

In the result, both these Special Civil

Applications are allowed and the order of the Labour court dated 20th November, 1984 made in Recovery Applications No.1152/79 and 1203/80 is quashed and set court dated 20th November, 1984 made in Recovery Applications No.1152/79 and 1203/80 is quashed and set aside. Rule made absolute in both the cases with no order as to costs.

**********

zgs/-

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead