MOINUDDIN Vs. GUEST KEEN WILLIAM LTD

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking a writ in the nature of Mandamus commanding the respondents to show cause why the petitioner s wages for the period from November 13, 2000 to June 30, 2008 shall not be paid in conformity with the Award of the learned Industrial Tribunal and in conformity with the order of the respondent no. 1 under the cover of a letter dated February 18, 1999, for an order to pay penal interest on an amount which was deducted by the respondent no. 1 from the petitioner s wages towards the deposit of provident funds.

(2.) The case as made out by the petitioner is that he was an employee of Messrs. Guest Keen William Limited, i.e., the respondent no. 1 herein. His service was terminated on December 20, 1980. He raised an industrial dispute through the trade union and the matter was referred to the Industrial Tribunal by the State Government and in the year 1986 an Award was passed by the Tribunal in favour of the petitioner directing the company to treat the petitioner to be on duty with full wages. A writ petition by the respondent no. 1 against the said Award failed. Thereafter the petitioner was paid wages by the respondent no. 1 for the period from December 20, 1980 to January 31, 1999 and from November 1, 2000 to November 12, 2000. While making such payment a large sum of money was deducted towards payment to the provident fund. Although such sum of money was deducted long ago it was only on December 5, 2007 that the amount was deposited with the Provident Funds authorities without any penal interest.

(3.) The petitioner was granted voluntary retirement with effect from July 1, 2008.