STATE OF ORISSA Vs. NIRANJAN LENKA

JUDGEMENT

(1.) In this writ application the Petitioners have assailed the legality of Order Dated 29.07.2002 passed by the Presiding Officer, Labour Court, Jeypore in Industrial Dispute Misc. Case No. 70 of 2001 ' directing the Petitioner No. 2 to pay to the Opposite Party No. 1 -workman interest at the rate of 18 per cent per annum for the period from 25.10.1990 to 08.01.1999 on the amount of back wages of Rs. 21,611 within a period of three months with further stipulation that in case of default of payment of the interest amount within the stipulated period interest at the rate of 9.05 per cent per annum on the total sum of interest calculated till the date of actual payment shall be payable to the Opp. Party No. 1.

(2.) OPPOSITE Party No. 1 was appointed as Dumper Operator Grade -Ill with the Balimela Dam Project on 01.01.1969. His service was terminated on 11.06.1970. On a reference under Sub -section (5) of Section 12 read with Clause (d) of Sub -section (1) of Section 10 of the Industrial Disputes Act, 1947 (for short 'the Act') made by the State Government for adjudication of the legality of termination, I.D. Misc. Case No. 85 of 1977 was initiated. In the award, published in Official Gazette on 6th February 1982, Learned Labour Court, Orissa, Bhubaneswar, held that the termination of services of Opposite Party No. 1 by the management of Balimela Dam Project was illegal and not justified and that Opposite Party No. 1 was entitled to be reinstated in service with full back wages. Pursuant to the award Opposite Party No. 1 was reinstated in service on 25.10.1990. However, he resigned from service on 07.01.1991. Opposite Party No. 1 was paid back wages amounting to Rs. 26,611 for the period from 10.06.1970 to 05.02.1976 on 08.01.1999. Being dissatisfied, Opposite Party No. 1 instituted I.D. Misc. Case No. 70 of 2001 claiming interest on back wages from 11.06.1970 till payment in response to which the impugned order was passed exparte in the absence of the Petitioners.

(3.) IN the counter affidavit the Opposite Party No. 1 does not dispute and rather admits regarding his employment with South Eastern Coalfields limited. It is averred that in view of such employment he did not claim back wages from 06.02.1976 to 25.10.1990 and rather claimed back wages from 11.06.1970 to 05.02.1976. It is categorically pleaded that Opposite Party No. i did not claim back wages for the period during which he was employed with Coalfields Limited. However, he claimed interest on the amount of back wages of Rs. 21,611 for the period from 06.02.1982 to 08.01.1999 in view of the fact that despite publication, of award passed on 01.12.1981 in I.D. Misc. Case No. 85 of 1977 in the Official Gazette on 06.02.1982, he was reinstated in service on 25. 10. 1990 and paid back wages on 08.01.1999.