High Court · 2013

The above submission made by the learned counsel for the parties will have to b e considered in terms of the Award in question. Answering the particular referen ce pertaining to dismissal of the workman from service, the learned Labour Court posed the award in question. as to the relief the workman was entitled to and i t was held that he was entitled to full wages deeming to have continued in the s ervice till he had attained the age of superannuation. There was no order for pa yment of interest. The said Award was upheld by this Court by judgment dated 6.2 .1997 passed in Civil Rule No.3007/1993. In the said judgment also there was no direction for payment of interest. As noted above, the Writ Appeal, that was pre ferred by the petitioner, was dismissed on 11.9.2000. After the aforesaid finality to the matter, the Management by its letter dated 5 .7.2001 intimated the ACKS about the entitlement of the workman and also asked f or acceptance. However, dispute arose between the parties and the matter went to the Assistant Labour Commissioner. Thereafter, he issued the certificate the Ce rtificate officer passed the impugned order dated 5.5.2005. As indicated above, the Management itself by its letter dated 11.3.2003 offered the workman the amount of Rs.5,58,056.20. Having regard to the aforesaid Award and the order of this Court, I am of the co nsidered opinion that the workman is not entitled to interest, as has been calcu lated by him. Both the learned Court and this Court having not awarded interest in respect of the full back wages, interest could not have been awarded by the a uthority. Accordingly, the impugned certificate and the order dated 5.5.2005 sta nd interfered with. However, it is hereby provided that the workman would be ent itled to another sum of Rs.50,000/- in addition to the amount indicated by the Management in its Annexure-VII letter dated 11.8.2003. Whatever amount is now required to be paid by the petitioner Management to the w orkman, the same shall be paid as expeditiously as possible but at any rate not later than 31.5.2013. While making the arrear payment the payments which have al ready been made shall stand deducted. Writ petition is allowed to the extent indicated above. There shall be no order as to costs.