N D JAGDISHWARA Vs. ESSAR PROJECT LTD

JUDGEMENT

(1.) WE have heard Mr.T.R.Mishra, learned counsel appearing for the appellant. This Letters Patent Appeal has been filed challenging the judgment dated 18.1.2012 passed by the learned Single Judge in Miscellaneous Civil Application No. 2366 of 2011 in Special Civil Application No.6290 of 2005 with Miscellaneous Civil Application No.2675 of 2011 in Civil Application No.2923 of 2006. Para-7 of the judgment is extracted below.

(2.) LEARNED counsel for the appellant has placed reliance on the decision of Calcutta High Court in I.C.I.India Limited and Another and Second Labour Court and another, 2010-III-LLJ- 862(Cal). In this judgment, it has been held in para-7 that once workman has attained the age of superannuation, no direction can be issued for payment of back wages to a workman who has already crossed the age of superannuation. A further direction was issued by the learned Single Judge to deposit the amount under the award in a fixed deposit with interest and the amount of interest accrued to such deposit shall be payable to the petitioner. He has also placed reliance on the decision of the Delhi High Court in Management of Centaur Hotel and P. S.Mohan Nair and another, [2011(130) FLR 542]. This decision, in our opinion is also not applicable to the facts of the instant case as the writ petition filed by the petitioner has already been listed for final hearing and it is on the board and is likely to be decided shortly.