SOHAN LAL Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India, the petitioner-workman challenges the award dated, January 31, 1994 passed by the Labour Court, Jaipur, to a limited extent that interest ought to have been awarded on the amount computed under Section 33-C (2) of the Industrial Disputes Act, 1947.

(2.) THE petitioner was an employee of M/s Emery Stone Manufacturing Company, Kuchaman Road, Nawa (respondent No. 2 ). He was removed from the service on May 4, 1977 and on raising an industrial dispute the State Government made a reference to the Labour Court as to whether the termination of the petitioner was illegal and unjustified. The Labour Court vide its award dated May 16, 1987 held the termination with back wages and other consequential benefits was granted in favour of the petitioner. Thereafter, the petitioner filed an application under Section 33-C (2) of the I. D. Act for computation of backwages. The Labour Court vide its award computed the back wages to the tune of Rs. 48,402. After adding the amount of bonus and wages in lieu of leave, the total amount was computed as Rs. 54,450. A direction was also given that in case the amount so computed is not paid within three months, the workman shall be entitled to get interest at the rate of 12% per annum. The grievance of the petitioner is that denial of interest by the Labour Court from May 16, 1987 till the back wages were computed is not justified.

(3.) THIS question was also raised by the workman before the Labour Court and the Labour Court declined to grant interest on the ground that in the award there was no direction for payment of interest and proceedings under Section 33-C (2) being analogous to the execution proceedings, the Court had no jurisdiction to award interest.