LAWS(ORI)-2023-11-78

BILAS KUMAR BISWAL Vs. PRESIDING OFFICER, LABOUR COURT

Decided On November 30, 2023
Bilas Kumar Biswal Appellant
V/S
PRESIDING OFFICER, LABOUR COURT Respondents

JUDGEMENT

(1.) The writ petition was moved before us on 16/2/2023. Petitioner is the workman. His prayer is for direction for payment of interest at 10% per annum on the settlement amount of ?60,000/- from 28/1/2016 till date and future interest also at that rate, till date of realization. Submission made on behalf of petitioner was, award dtd. 7/9/2011 stood made in the industrial dispute referred. The labour Court held that refusal of employment with effect 17th from 11/5/2007 was illegal and unjustified. There was direction for entitlement to and reinstatement in service with 50% back wages. Compliance was to be within two months from date of publication of award, failing which the amount was to carry interest at 10% per annum till realization.

(2.) The management establishment (opposite party no.2) had moved coordinate Bench for interference with the award. By judgment dtd. 28/10/2016 findings in the award regarding illegal and unjustified termination were upheld. However, lump sum compensation at ?60,000/- was directed to be paid within eight weeks of communication. On query from Court it was submitted, by letter dtd. 9/8/2017 there was communication of the judgment.

(3.) Petitioner then went to the labour Court for recovery of the compensation amount. Impugned is order dtd. 20/9/2022 made by the labour Court in the application made by petitioner under Sec. 33-C(2) of Industrial Disputes Act, 1947. On query from Court it was submitted, petitioner had earlier applied for review of said judgment dtd. 28/10/2016. The application was dismissed by order dated February, 2017. We reproduce paragraph 3 from said order.