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2021 DIGILAW 590 (SC)

Chief Executive Officer Zilla Parishad, Ahmednagar v. Janardhan Appasaheb Barde, Etc.

2021-07-28

AJAY RASTOGI, UDAY UMESH LALIT

body2021
ORDER : 1.IA Nos.85996 & 86007 of 2021 have been preferred in SLP(C) Nos. 26659-26666 & 28200-28207 of 2018 respectively to bring on record legal heirs of Prabhakar Sonuseth Kaldante and Bhagwan Trimbak Deokar. 2. The delay in filing the said applications for bringing L.Rs. on record is condoned. 3. Abatement, if any, is set aside. 4. These applications are allowed. 5. The legal heirs of the deceased now stand substituted in their place. 6. Leave granted. 7. In the present proceedings, the order dated 04.04.1990 passed by the Industrial Court had allowed applications moved on behalf of the concerned employees under Section 28 of the Maharashtra Recognition of Trade Union & Prevention of Unfair Labour Practices Act, 1971. The operative part of the direction was as under: “The Zilla Parishad is further directed to give permanency to these seven complainants w.e.f. 1.7.1987 on the posts on which they are appointed as mentioned in the complaint against names of each of the workers. The Respondent is further directed to fix the salaries and allowances of these complainants in the time scale as per payscales payable for the posts held by each of these workers under the Rules applicable to the Zilla Parishad. If there is no such fixed time scale for such posts under the rules of the Zilla Parishad then pay scales prescribed for such posts in the State Government Departments be made applicable to these workers. The salary allowance, bonus and other monetary benefits including annual increments payable to these workers be ascertained by the Respondent w.e.f. 1.7.1987 and the same be paid to these workers on or before 30th June, 1990. If the Zilla Parishad fails to make payment of arrears before 30.6.1990 then Zilla Parishad will have to pay interest @ 12% p.a. on the amount payable to each of the workers w.e.f. 1.4.1990 till the date of final payment.” 8. The direction issued by the Industrial Court attained finality. 9. We are now concerned with the applications moved under Section 33(C)(2) of the Industrial Disputes Act, 1947 and one of the orders passed by the Labour Court, Ahmednagar in the matter of Janardan Appasaheb Barde (Application (IDA) No.26/2011) was to the following effect: “(ii) The opponent do pay Rs.9,01,751/- with interest at the rate of twelve per cent per annum from 1.04.1990 till realization of the entire amount towards wages and difference of wages.” 10. The employees in question (eight in number) were thus held entitled to certain amounts in respect of which interest @ 12 per cent per annum was awarded from 01.04.1990. 11. We have heard Mr. Ravindra Keshavrao Adsure, learned Advocate for the appellants and Mr. Shashibhushan P. Adgaonkar, learned Advocate for the respondents. 12. On merits, we do not see any reason to interfere. The conclusions drawn by the authorities in their orders as well as by the High Court in its judgments presently under challenge do not call for any interference except the rate of interest. 13. In our view, interest of justice would be subserved if the interest rate is scaled down to 8 per cent per annum provided the entire sum is made over to the concerned employees within four months from today. Ordered accordingly. 14. The judgments under appeal are thus affirmed except to the extent indicated above, that is to say, the interest rate would be payable @ 8 per cent per annum instead of 12 per cent per annum, if the entire sum is made over to the concerned employees within four months from today. 15. The appeals are disposed of in aforesaid terms without any order as to costs.