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Judgment
K.S. Jhaveri, J.—By way of this petition, the petitioner has challenged the judgment and order of the Labour Court, Ahmedabad dated 18.7.2003 in Recovery Application No. 3301 of 1992 whereby the Labour Court has granted salary on holidays without considering the defence put forward by the petitioner to give the set off.
The case of the petitioner is that the respondents were working in the Internal Audit Department of the petitioner-Transport Service, which is an essential service and certain Departments like Audit and Account Departments were required to work on holidays due to the nature of work. As per Circular No. 99 dated 23.3.1987 (Annexure-A) such staff members were eligible for holiday/set off during next three years and in fact the respondents had enjoyed the said set off at the relevant point of time. However, they approached the Labour Court by way of recovery application praying for the benefit of overtime. It is the case of the petitioner that without considering the reply and relevant documents more particularly Circular No. 99 dated 23.3.1987 the Labour Court passed an order directing the petitioner to pay the benefit for the determined period as per the award delivered by I.G. Thakore.
Heard learned advocate Mr Munshaw for the petitioner.
The Labour Court has committed an error in allowing the application without adjudication inasmuch as whether holidays are given set off or not is a matter of evidence. In that view of the matter, the order of the Labour Court deserves to be quashed and set aside
In the result, the petition is allowed. The judgment and order of the Labour Court, Ahmedabad dated 18.7.2003 in Recovery Application No. 3301 of 1992 is quashed and set aside. Rule is made absolute. No order as to costs.