AI Structured Summary
Not yet generated for this judgment
Judgment
S.C. Parija, J.—Heard learned counsel for the parties. This writ petition has been filed by the Management challenging the order dated 06.3.2013, passed by the Labour Court, Sambalpur, in Misc. Case No. 01/88 (SC)-719, directing the Management to pay interest @ 10% per annum on the amount of Rs. 1,29,245/- w.e.f. 01.6.2002, till the date of realisation of the principal amount and further directing the Management to pay fixed medical allowance to the opposite party No. 2 @ Rs. 100/- per month from May, 2001 till August, 2008 and @ Rs. 300/- per month from 01.9.2008 onwards.
Learned counsel appearing for the Management submits that as the workman-opposite party No. 2 was identified by the Labour Court on 22.5.2006, to be entitled to the benefits of the order of the Apex Court dated 13.8.1985, passed in Civil Appeal Nos. 348 and 349 of 1974, the award of interest from the date of superannuation of the workman, i.e. 01.6.2002 is not proper and justified. In this regard, it is submitted that as the workman approached the Labour Court for his identification after a long lapse of years, the Management can not be forced to pay interest, as per the subsequent order of the Apex Court dated 09.2.1988, passed in Civil Misc. Petition Nos. 10620-21 of 1987. Further, it is submitted that the award of medical allowance to the workman-opposite party No. 2 is not proper and justified, as there was no provision for payment of such allowance to a work-charged employee.
Learned counsel appearing for the Caveator-opposite party No. 2 with reference to the order of the Apex Court dated 09.2.1988, passed in Civil Misc. Petition No. 10620-21 of 1987 submits that the workman-opposite party No. 2 is entitled to interest @ 10% per annum on the arrear amount, as has been awarded by the learned Labour Court. As regard the medical allowance, learned counsel for the workman submits that the same is payable as per the order of the Apex Court dated 13.8.1985, as the workman is entitled to all the benefits of an employee of the work-charged establishment of Central Public Works Department.
Considering the submissions made and keeping in view the orders of the Hon''ble Supreme Court dated 13.8.1985, passed in Civil Appeal Nos. 348 and 349 of 1974 and the subsequent order dated 09.2.1988, passed in Civil Misc. Petition No. 10620-21 of 1987, this Court of its considered view that the workman is entitled to payment of interest @ 10% per annum from the date he was identified by the Labour Court and not from an earlier date.
In the present case, as the Labour Court has identified the workman-opposite party No. 2 on 22.5.2006, which is not disputed, the Management is directed to pay interest @ 10% per annum on the amount of Rs. 1,29.245/- w.e.f. 22.5.2006 till 20.4.2009, when the aforesaid amount was paid to the workman.
As regard the direction to pay the medical allowance to the workman-opposite party No. 2, in view of the order of Hon''ble Supreme Court dated 13.8.1985, the workman is entitled to medical allowance applicable to employees of work-charged establishment of Central Public Works Department, as has been found by the learned Labour Court, which cannot be faulted. W.P. (C) is accordingly disposed of. Issue urgent certified copy as per rules.