HEGDE H S T Vs. PREMIER AUTOMOBILES LTD

JUDGEMENT

(1.) By this Appeal the appellant challenges the order passed by the learned single Judge of this Court dated March 31, 2005 in Writ Petition No. 1459/2002. By that order the learned single Judge has modified the order of the Labour court made under Section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court had directed, payment of amount of incentive allowance with interest from the date of application till the date of realisation. The learned single Judge relying on two judgments of this Court, one in the case of Payal Electronics v. Arun Vasant Pawar,2002 3 CLR 328 and the second in Swan Mills Limited v. Sakharam Dhondu Panchal, 2005 1 LLJ 990, has held, that under Section 33-C(2) the Labour Court cannot award interest from the date earlier to the date on which the Labour Court makes the order, and therefore the learned single Judge has held that the Labour Court could not have awarded the interest from, the date of the application.

(2.) We have heard the learned Counsel for both sides.

(3.) In view of the law laid down by this Court in the aforesaid judgments and in view of the fact that the role of the Labour Court when it decides an application under Section 33C(2) is of the nature of executing Court, in our opinion, therefore, no fault can be found with the order of the learned single Judge modifying the order of the Labour Court. Appeal, therefore, fails and is dismissed.