SBCWP NO.1058/97. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.1058/1997. Sudhir Kumar Sharma Versus M/s.Ajmer Gases Date of Order:- March 16, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajeev Bandhu for the petitioner. ***** BY THE COURT:- This writ petition was filed by the petitioner way back in the year 1997 assailing the order of Labour Court, Ajmer dated 22/5/1996 by which, his claim for overtime allowance of Rs.2846.66 from October 1988 to December 1989 was rejected. 2) Shri Rajeev Bandhu, learned counsel for the petitioner has argued that petitioner in support of his claim that he had worked over time with the respondents had produced Gate Passes which were duly verified by the officials of the respondents and by these documents, his entitlement was duly proved in terms of Section 33-C(2) of the Industrial Disputes Act, 1947 and for that matter, no reference was required to be made. Labour Court was wholly unjustified in SBCWP NO.1058/97. 2 relying on the judgment of Supreme Court in Municipal Corporation Delhi Vs. Ganesh Rajjak : 1995 Lab.I.C. (SC) 350. Learned counsel submitted that merely because amount that was claimed by him was small one, would not be a reasonable ground not to cover his claim under section 33-C(2). 3) Having heard learned counsel for the petitioner and perusing the material on record, I find that Labour Court has rightly analyzed the judgment of Supreme Court in Ganesh Rajjak supra wherein, the Supreme Court observed that entitlement of the workman like the petitioner in the scope of Section 33-C(2) cannot be adjudicated because once claim is disputed, matter is taken out of the purview of Section33-C(2) and for which, remedy of the petitioner was to avail industrial dispute. 4) I find no merit in this writ petition, which is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil