1. This petition has been filed against the order passed by the Labour Court, Ahmedabad in Recovery Application No.973/1991 dated 28.07.2006 whereby, the said application was allowed and the petitioner- Corporation has been directed to make payment of Rs.57,210/- to the respondent-workmen.
2. The facts in brief are that the respondent herein was serving as Driver with the petitioner-Corporation. It was alleged against the respondent that he had remained absent from duty unauthorizedly from 31.03.1984 and in that connection, he was issued a charge-sheet on 12.07.1984. Ultimately, the respondent was imposed the punishment of dismissal from service, vide order dated 13.01.1984. Against the said action of the petitioner, the respondent raised a dispute, which culminated into a reference before the Labour Court. After hearing both the sides, the Labour Court partly allowed the reference by impugned award dated 31.01.1990 whereby, a direction was issued to the petitioner-Corporation to make payment of 100% back wages to the respondent up to 31.12.1989. Pursuant thereto, the respondent filed Recovery Application No.973/1991, which came to be allowed, by way of the impugned order. Hence, this petition.
3. Heard learned counsel for the respective parties. In the impugned order, the Labour Court has given a detailed calculation regarding the figure of back wages. Learned counsel for the petitioner was not in a position to show as to under which ground the figure arrived at by the Labour Court was bad in law. In my opinion, the figure arrived at by the Labour Court is just, legal and appropriate. I am in complete agreement with the same and hence, find no reasons to entertain this petition.
4. For the foregoing reasons, the petition is dismissed. Rule is discharged. The amount deposited before this Court and lying in Fixed Deposit, in pursuance of the order dated 03.03.2009, shall be paid to the respondent, by way of an Account Payee Cheque.
(K.S.JHAVERI, J.) Pravin/*