Road Transport Corporation, Tonk Agar, Tonk (Raj). vs Smt. Badam W/o Late Shri Bhawani Shankar S/o

Shri Bhawani Shankar Dholi S/o Shri Gangaram, Driver, Tonk Agar (Died During Hearing) 1/1.Smt. Badam W/o Late Shri Bhawani Shankar (Wife), Resident Of Village Post- Pachevar, Tehsil- Malpura, Dist - Tonk. 1/2.Rajesh S/o Late Shri Bhawani Shankar (Son), Resident Of Village Post- Pachevar, Tehsil- Malpura, Dist - Tonk. 1/3.Maya D/o Late Shri Bhawani Shankar (Daughter), Resident Of Village Post- Pachevar, Tehsil- Malpura, Dist - Tonk. 1/4.Vijay Lakshmi D/o Late Shri Bhawani Shankar (Daughter), Resident Of Village Post- Pachevar, Tehsil- Malpura, Dist - Tonk. 1/5.Pooja D/o Late Shri Bhawani Shankar (Daughter), Resident Of Village Post- Pachevar, Tehsil- Malpura, Dist - Tonk. ----Non-applicants/Respondents Connected With S.B. Writ Miscellaneous Application No. 133/2023 In S.B. Civil Writ Petition No.10085/2019

1. Managing Director, Rajasthan State Road Transport Corporation, Through President, Chomu House, Jaipur. (2 of 5) [WMAP-138/2023]

2. Chief Manager, Managing Director, Rajasthan State Road Transport Corporation, Tonk Agar, Tonk (Raj). ----Applicants-Petitioners Versus

1. Smt. Badam W/o Late Shri Bhawani Shankar S/o Gangaram Driver, Tonk Agar., Resident Of Village Post - Pachevar, Tehsil - Malpura, Dist- Tonk, (Rajasthan).

2. Rajesh S/o Late Shri Bhawani Shankar (Driver, Tonk Agar, Resident Of Village Post - Pachevar, Tehsil - Malpura, Dist- Tonk, (Rajasthan).

3. Kum Maya D/o Late Shri Bhawani Shankar, Driver, Tonk Agar, Resident Of Village Post - Pachevar, Tehsil - Malpura, Dist- Tonk, (Rajasthan).

4. Kum. Vijay Lakshmi D/o Late Shri Bhawani Shankar, Driver, Tonk Agar., Resident Of Village Post - Pachevar, Tehsil - Malpura, Dist- Tonk, (Rajasthan).

5. Kumari Pooja D/o Late Shri Bhawani Shankar Driver, Tonk Agar., Resident Of Village Post - Pachevar, Tehsil - Malpura, Dist- Tonk, (Rajasthan). ----Non-applicants/Respondents For Petitioner(s) : Mr. Om Praksh Sheoran For Respondent(s) : Mr. B.R. Rana JUSTICE ANOOP KUMAR DHAND Order 06/08/2025

1. These misc. applications have been submitted by the applicants-petitioners-RSRTC seeking modification/recall of the order dated 01.06.2023 passed by this Court while deciding S.B. Civil Writ Petitions No.10085/2019 and 16466/2018, by which the applicants-petitioners were granted one more opportunity to calculate the due amount of respective deceased workman within a period of four weeks (3 of 5) [WMAP-138/2023] and make entire payment to the legal representatives of the deceased within above stipulated time. It was made clear that in case, the amount is not calculated and if the due amount is not paid to the legal representatives of the workman, then, they would be entitled to get interest @8% on the delayed payment of the amount from the date of passing of the order dated 14.02.2017, till its actual payment.

2. Learned counsel for the petitioner submits that the time was specified by this Court by granting a period of four weeks while passing the order dated 01.06.2023, but slight delay has occurred in complying with the aforesaid order on account of administrative reasons. Counsel submits that the amount was calculated and the same has already been paid to the legal representatives of the deceased-workman after a lapse of around seven and half months. Counsel submits that the delay has occurred bonafidely on account of administrative reasons, hence, the order directing the applicants-petitioners to pay interest @8% be recalled and the application submitted by the applicants-petitioners be allowed.

3. Per contra, learned counsel non-applicants/respondents opposed the arguments raised by the counsel for the applicants-petitioners and submitted that the award passed by the Labour Court in the month of February, 2017 was not complied with by the applicants- petitioners for considerable time and ultimately, the writ petition submitted by the petitioner against the aforesaid award was disposed of by this Court vide order dated (4 of 5) [WMAP-138/2023]

01.06.2023 with the above mentioned directions. Counsel submits that the direction was clear and specific for making payment of the due amount after calculation within a period of four weeks, but without any justified reason, again delay of seven and half months has been caused, hence, under these circumstances, the legal representatives of the deceased workman are entitled to get interest.

4. Heard and considered the submissions made at the Bar and perused the material available on record.

5. Perusal of the record indicates that the legal representatives of the respective workman were entitled to get the due amount of workman in whose favour award was passed way back in the year 2017 i.e. in the month of February, 2017. The S.B. Civil Writ Petitions No.10085/2019 and 16466/2018 submitted by the applicants-petitioners were disposed of with the following clear and specific directions in para 5, which reads as under: “5.In the interest of justice, one more opportunity is granted to the Corporation to calculate the due amount of the deceased workman within a period of four weeks and make entire payment to the legal representatives of the deceased within the aforesaid period and in case the amount is not calculated and due amount is not paid to the legal representatives of the workman within stipulated time then they would be entitled to get interest @8% on the delayed amount from the date of passing of the order dated 14.02.2017 till its actual payment.”

6. It is a settled proposition of law that a decree holder is entitled to get fruits of the decree and in the instant case, favourable award was passed in favour of the workman, (5 of 5) [WMAP-138/2023] hence, legal representatives of the respective workman were entitled to get fruits of the award, which has un-necessarily been delayed by the applicants-petitioners-RSRTC for a considerable time.

7. The applicants-petitioners were supposed to comply with the aforesaid order within a period of four weeks, but the same has not been complied by them within stipulated time, hence, legal representatives of the deceased workman are entitled to get interest @8% per annum on the delayed payment of the amount from the date of passing of the award by the Labour Court. This Court finds no substance in the instant writ misc. applications stating that the administrative delay has occurred in calculation of payment of due amount to the legal representatives of the deceased workman.

8. Accordingly, both the instant writ misc. applications stands dismissed. Pending applications, if any, also stand dismissed. KuD/131-132 (ANOOP KUMAR DHAND),J