UNION OF INDIA UOI Vs. S B AGNIHOTRI

JUDGEMENT

(1.) Sri S.B. Agnihotri, respondent No. 1 was Chief Goods Supervisor, Kanpur Central Goods Shed. He moved an application before the Central Govt. Industrial Tribunal-cum-Labour Court, Kanpur (hereinafter referred to as the Labour Court) under Section 33-C(2) of the Industrial Disputes Act (hereinafter referred to as the Act) for payment in lieu of working on statutory weekly rest during the period from June, 1975 to June, 1977 and also compensation in lieu of working on the rest days. The Labour Court by its award dated August 11, 1986 has allowed the claim of the workman. The Labour Court has recorded a finding of fact that the workman worked on 82 Sundays and remaining 4 Sundays were spent in Journey after attending the Court duty. It was further held that the workman has also worked on the rest days. Relying on Sec. 67 of the Railways Act and the Employment Rules the Labour Court has held that the workman is entitled to sum of Rs. 6,960/-As this payment ought to have been made during the period from June 1975 to June 1977, the Labour Court awarded interest at the rate of Rs. 18%.

(2.) This award of the Labour Court has been challenged on three grounds, namely, (i) that the Labour Court has not properly appreciated the evidence regarding the working on Sundays and rest days (ii) the Labour Court has no jurisdiction to award interest at the rate of Rs. 18%; and (iii) the application of the workman under Section 33-C(2) of the Act is barred by time.

(3.) The finding recorded by the Labour Court regarding the working on Sundays and rest days is a finding of fact, which is based on proper appreciation of the evidence and joint inspection report. This is a finding of fact, which has been correctly arrived at by the Labour Court and cannot be interfered with in exercise of powers under Article 226 of the Constitution of India.