MANAGEMENT OF NISIET Vs. NISIET EMPLOYEES UNION

JUDGEMENT

(1.) The sole question that arises for consideration in the instant writ petition is whether the claim of interest of the first respondent-Union under Section 33-C (2) of the Industrial Disputes Act, 1947 (herein after called as "the Act") is maintainable or not.

(2.) The petitioner-Management is a society under the Administrative Control of the Ministry of Industry, the Department of Small Scale Industries, Agro and Rural Industries. The first respondent-Union on behalf of its members, raised an industrial dispute in ID No.13/86 for restoration of the scheme of payment of conveyance allowance, which after being in vogue for some time was discontinued as per the directions of the Government of India, As the Labour Court's award dated 13-11-1986 was in favour of the first respondent-Union, the petitioner-Management filed W.P. No.6743/87 before this Court unsuccessfully and the W.A. No.336/92 preferred by it ended in dismissal. In compliance with the award passed by the Labour Court in ID No.13/86, the petitioner Management released arrears of conveyance allowance to its eligible employees for the period from 1-1-1980 to 31-12-1985 and from 1-1-1986 onwards, the petitioner-Management has not paid the conveyance allowance in view of revision of pay scales. The first respondent-Union filed E.P. No.1/93 in I.D. No.13/86 seeking implementation of the award. The Labour Court by its order dated 19-6-1993 directed the petitioner-Management to deposit Rs.2,00,000/- on or before 26-6-1993. The petitioner-Management filed an application for extention of time for complying with the order of the Labour Court dated 19-6-1993 in LA. No.69/93. The said LA. was dismissed with a direction to the petitioner- Management to deposit an amount of Rs.2,00,000/- on or before 5-7-1993. Questioning the same, the petitioner- Management filed W.P. No.9408/93 for extension of time for depositing the said amount of Rs.2,00,000.00. The said writ petition was disposed of granting extension of time for depositing the amount within 90 days form the date of order and the said amount was deposited within the extended time. In E.P., the first respondent-Union claimed payment of Rs.2,57,579.00 by way of interest at 18% per annum by the petitioner- Management besides the award amount of Rs.3,83,392/-. The petitioner-Management filed LA. No.135/93 in E.P. No.1/93 seeking waiver of interest which was contested by the first respondent-Union. The Labour Court by its impugned order dated 8-11-1993 allowed the claim of the first respondent-Union for payment of interest at the rate of 12% instead of 18% as claimed in E.P. Questioning the same, the present writ petition is filed.

(3.) In spite of insistence of this Court to furnish a copy of the award or the petition and counter-affidavit in LA. No.135/93, neither of the Counsel furnished the same and requested the Court to proceed with the matter basing upon the impugned order.