In a review petition, the Rajasthan High Court allowed the claim of a workman for double duty payments and weekly rest after the employing corporation admitted that these amounts were not previously paid.
Direction to the Corporation to make payment towards double duty for ninety days and weekly rest for seventy days within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Writ Review No. 136/2018
----Petitioners
Versus
Mohan Lal Yadav S/o Sh. Chhote Lal Yadav, Booking Clerk, Central Bus Stand, Depot Jaipur, Resident Of 89, Parivahan Nagar, Khatipura, Jaipur.
----Respondent
For Review : Mr.Suresh Kashyap Petitioner(s) For Respondent(s) : Mr.RM Bairwa
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA
Judgment
06/12/2018
Heard learned counsel on the review petition.
Learned counsel for the review petitioner-workman submits that payment towards double duties for ninety days and towards seventy days of weekly rest has not been extended to the petitioner herein. Learned Labour Court did not allow the payment aforesaid on the ground that it has already been paid by the Rajasthan State Road Transport Corporation (for short “the Corporation”). The finding aforesaid has been maintained by the Division Bench also, though, the actual payment of double duty as well as weekly rest has not been paid for ninety and seventy days respectively.
(2 of 2)
[WRW-136/2018]
This Court directed learned counsel for the Corporation to produce the evidence about payment of the amount towards double duty for ninety days and weekly rest for seventy days.
Learned counsel, appearing for the Corporation, is fair enough to admit that the payment aforesaid has not been given to the workman.
In view of the above, we find reason to allow the review petition for the aforesaid.
Since, there is an admission of the Corporation that payment aforesaid has not been made, accordingly, the order dated 02nd April, 2018, sought to be reviewed, is interfered with the direction to the Corporation to make payment towards double duty for ninety days and weekly rest for seventy days within a period of three months from the date of receipt of copy of this order.
The review petition is allowed with the aforesaid.
(BANWARI LAL SHARMA),J (M.N. BHANDARI),J
Preeti/10
2 issues framed by the court
Whether the Corporation is liable to pay double duties and weekly rest that had previously not been paid.
Whether the review petition should be allowed due to the Corporation's admission of non-payment.
Rajasthan State Road Transport Corporation
Chief Manager, Rajasthan State Road Transport Corporation
Mohan Lal Yadav
Munishwar Nath Bhandari
Banwari Lal Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
