Garhwal Mandal Vikas Nigam Ltd. v. Presiding Officer Labour Court
2014-11-12
ALOK SINGH
body2014
DigiLaw.ai
JUDGMENT : Alok Singh, J. Present petition is filed assailing the order dated 13.10.2014, whereby recovery certificate was issued for recovery of Rs. 2,96,303/- towards the 18% interest per annum. Brief facts of the present case inter alia are that vide order/award dated 16.02.2000, learned Labour Court was pleased to direct the employer/petitioner herein to pay Rs. 1,00,272/- towards the arrear of wages from 01.12.1988 to 20.08.1996, along with Rs. 1000/- as litigation expenses to the workman within one month from the date of order/award, failing which, to pay 18% interest per annum thereon from the date of application. Award/order dated 16.02.2000 was challenged before the Allahabad High Court in Writ Petition No. 31800 of 2000 (M/S). When writ petition was taken up before the Allahabad High Court, learned counsel appearing for the workman undertook not to take any steps to enforce the order passed by the learned Labour Court during the pendency of writ petition as recorded in the order dated 26.07.2000 (Annexure No. 4 to the writ petition). After bifurcation of the State, writ petition was transferred to this Court and was re-numbered as Writ Petition No. 1410 of 2007 (M/S). Writ Petition No. 1410 of 2007 (M/S) was dismissed vide judgment dated 22.05.2013. Thereafter, employer/petitioner released the payment of Rs. 1,00,272/- in favour of the workman in compliance of award/order dated 16.02.2000 on 18/ 20.07.2013. Workman moved an application before the Deputy Labour Commissioner to issue recovery certificate for the recovery of amount of the interest from the date of application till actual payment is released on 18/20.07.2013, learned Deputy Labour Commissioner, thereafter, was pleased to issue impugned order. Feeling aggrieved, petitioner has filed present writ petition. In view of undisputed fact that vide order/award dated 16.02.2000, learned Labour Court was pleased to direct the employer to pay Rs. 1,00,272/- along with legal expenses of Rs. 1000/- within 30 days from the date of award, failing which, to pay interest @ 18% per annum from the date of filing of the application; petitioner had filed earlier writ petition challenging the award dated 16.02.2000; learned counsel for the workman undertook not to enforce the award during the pendency of the writ petition and ultimately the writ petition was dismissed by this Court vide judgment dated 22.05.2013.
Therefore, in my considered opinion, payment ought to have been issued in favour of the workman within one month from the date of dismissal of writ petition i.e. on 22.05.2013. Since payment was released in favour of the workman on 18/20.07.2013, after one month from the date of dismissal of the writ petition, therefore, as per the award duly confirmed by this Court the petitioner was duty bound to pay 18% interest per annum from the date of application till actual payment is released in favour of the workman. Moreover, after confirmation of award dated 16.02.2000 by this Court on 22.05.2013, this is not open to this Court to amend or modify the award in the subsequent present writ petition. In view of above, I do not find any illegality or jurisdictional error in the impugned order. Consequently, writ petition fails and is hereby dismissed. CLMA No. 12649 of 2014 also stands disposed of accordingly.