I C I INDIA Vs. SECOND LABOUR COURT

JUDGEMENT

(1.) In an application under Sec. 17B of the Industrial Disputes Act made by the workman in a pending writ petition, filed earlier by the employer challenging the award, this Court passed the following order :

(2.) Due to inadvertence on the part of the Court it was directed that "The interest to be accrued to such deposit shall be payable to the writ petitioner month by month or quarterly as the case may be". From the tenor of my judgement it would appear that the intention was that so long as the writ petition is pending, the workman should get the interest of the deposit directed to be made. I intended to direct that the interest shall be payable to the applicant but by mistake I directed that the interest be paid to the petitioner. It is a mistake on the part of the Court which is palpable from the order and the mistake of the Court can be corrected ex debito justitiae. It was occasioned by an accidental slip on my part which is also clear from the tenor of the order and is, therefore, also open to correction under Sec. 152 of the Code of Civil Procedure.

(3.) Mr.Chatterjee, learned senior Advocate appearing for the writ petitioner, advanced two-fold submissions (a) in the event the applicant is allowed to appropriate the interest it would be difficult for the employer to recover the money from the workman; (b) if the mistake since pointed out by the workman had been disclosed immediately after obtaining the certified copy, the petitioner may have chosen to prefer an appeal against the judgment and order dated 21st Oct., 2009. Both the points, according to me, are without any substance.