NAGAR PALIKA PARISHAD Vs. IQBAL AHMAD FARUKI

JUDGEMENT

(1.) The petitioner Municipal Council before this Court has tiled the present petition being aggrieved by an order dated 13.4.2011 passed by the Labour Court. Ujjain on an application preferred by the respondent under section 33C(2) of Industrial Disputes Act, 1947 (in short the "ID Act").

(2.) The contention of the petitioner -council is that the respondent was terminated in the year 1991 and the Labour Court has decided a reference in case No. 17/1997/IDR and an award was delivered on 22.6.2006 directing payment of back wages to the tune of Rs. 25% only. It has also been argued that a writ petition was preferred before the Division Bench of this Court and the Division Bench while passing an order in W.P. No. 6110/06(s) on 19.2.2010 has directed the payment of 50% of the back wages. Learned counsel appearing for the Municipal Council, Badnagar has argued before this Court that the Labour Court has erroneously passed the impugned order dated 13.4.2011 directing payment of Rs. 3,87,839/ - alongwith interest @9% interest per annum. His contention is that the workman has submitted a calculation sheet alongwith an application preferred under section 33C(2) of ID Act and based upon the application, in a mechanical manner the Labour Court has quantified the amount and directed the payment to the workman. It has also been argued that no evidence was recorded by the Labour Court for arriving at a conclusion that the workman is entitled for a sum of Rs. 3,87,839/ - and therefore the computation of the amount done by the Labour Court is bad in law. It has also been argued that the interest has been awarded at an higher rate, therefore, the order passed by the Labour Court deserves to be set aside.

(3.) Heard the learned counsel for the parties at length and perused the records.