GENERAL MANAGER, ADVANI ORLINCON LTD. Vs. ABDUL WAHID,

JUDGEMENT

(1.) Since the two writ petitions are one by the Management and the other by the Employee himself, the two writ petitions have been heard and decided by this common order. For convenience sake the petitioner and the respondents are referred to as the "Employer/management" and "Labour/Employee".

(2.) The challenge in both these writ petitions is to the order passed by the Labour Court, Raipur in case No. 242/2005/I.D.Act (Claim). Vide the said order, the learned Labour Court has in his order dated 18.05.2011 allowed the application of the employee under Section 33(C)(1) treating it to be an application under Section 33(C)(2) of the Industrial Disputes Act and held that the employee is entitled for an ex-gratia amount of Rs.1,48,715/- of which the management/employer having already paid Rs.20,000/- the employee was entitled for the balance of ex-gratia payment of Rs.1,28,715/-. It is this order which is under challenge by either parties to the dispute.

(3.) The employer has preferred the petition questioning the award and the maintainability of the claim case itself, whereas the employee has challenged the award on the non granting of interest on the amount awarded.