Karnataka High Court
The Management Of Nwkrtc Dharwad Rural ... vs Shri Nagappa S/O Ningappa Hakki on 15 December, 2023
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 104870 OF 2023 (L-KSRTC)
C/W
WRIT PETITION NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666, 105668,
105672 AND 105766 OF 2023 (L-KSRTC)
IN WP NO. 104870/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
MOHANKUMAR
B SHELAR AND:
Digitally signed by
MOHANKUMAR B
SHELAR
Date: 2023.12.22 SHRI. SHANKRAYYA S/O. MALLAYYA VIRKTHAMATH,
11:07:17 +0530
AGED ABOUT 64 YEARS, OCC. RETD. TRAFFIC
CONTROLLER, R/O. AT POST RAINAPUR,
TQ: YARAGATTI, DIST: BELAGAVI-580001.
...RESPONDENT
(BY SRI RAGHAVENDRA A. PUROHIT, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 01/04/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.105/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
IN WP NO. 104337/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI.RAVINDRA S/O. BHIMRAO KULKARNI
AGED ABOUT 63 YEARS, OCC. RETD. ASI,
R/O. #268, VEER SANGOLI RAYAN NAGAR,
BHARIDARKOPP, HUBALLI, DHARAWAD-580001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 21/02/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.74/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO. 104361/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. LAXAMAN S/O. ARJUNAPPA GHATAGE
AGED ABOUT 67 YEARS, OCCU: RETD. DRIVER,
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
R/O. BASAVANAGAR, PART-I, HALIYAL ROAD,
DHARAWAD-580001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 10/02/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.87/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO. 104362/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD, REPTD. BY ITS CHIEF LAW
OFFICER, CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. BASAPPA S/O. GANAGAPPA ASHTAGI
AGED ABOUT 60 YEARS, OCC: RETD DRIVER,
R/O. UPPINABETAGERI, TQ & DIST: DHARAWAD-580001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 04/02/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.82/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO.104883/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD DIVISION,
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION, DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. MUREGAPPA S/O. GANAGAPPA GALI,
AGED ABOUT 63 YEARS,
OCCUPATION: RETD. TRAFFIC CONTROLLER,
R/O. BADIGER ONI, POST: MUMMIGATTI,
TQ AND DIST: DHARAWAD-580001.
...RESPONDENT
(BY SRI RAGHAVENDRA A. PUROHIT, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 01/04/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.107/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO.105118/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. IRAPPA S/O. BASAPPA BADIGER,
AGED ABOUT 63 YEARS,
OCCUPATION: RETD. ARTISAN,
R/O. # H.NO.68, KALIKA NILAYA,
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
6TH CROSS, BASAVA NAGAR,
HALIYAL ROAD, DIST: DHARAWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 01/04/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.97/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO.105131/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. NAGAPPA S/O. NINGAPPA HAKKI,
AGED ABOUT 63 YEARS, OCC: RETD. DRIVER,
R/O. #1264, INDIRA NAGAR,
TQ: ALNAVAR, DIST: DHARAWAD-580001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 01/03/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.89/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
IN WP NO.105666/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION, DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. GANAGRAM S/O. MAHADEVAPPA BALGIKAR
AGED ABOUT 63 YEARS,
OCCUPATION: RETD. DRIVER,
R/O. #PLOT NO.59, 2ND CROSS,
NEAR GANAPATI TEMPLE,
DIST: DHARAWAD-580001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 10/02/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.101/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO.105668/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
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NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
AND:
SHRI. SIDDAPPA S/O. DODDAPPA SANNATANGI
AGED ABOUT 63 YEARS,
OCCUPATION: RETD. ASST. ARTISAN,
R/O. # AT POST: AMMINBHAVI,
TQ & DIST: DHARAWAD-580001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 04/02/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.66/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO.105672/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI RAJASHEKAR S/O. SHAMARAYANAVAR
AGED ABOUT 63 YEARS,
OCCUPATION: RETD. DRIVER,
R/O. BEVINKATTI ONI, TQ: SAVADATTI,
DIST: DHARAWAD-590001.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 27/01/2023 PASSED BY THE
-8-
NC: 2023:KHC-D:14742
WP No. 104870 of 2023
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.75/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
IN WP NO.105766/2023
BETWEEN:
THE MANAGEMENT OF
NWKRTC DHARWAD RURAL DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DIVISION DHARWAD,
REPTD. BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE, HUBLI, PIN-580001.
...PETITIONER
(BY SMT. VEENA HEGDE, ADVOCATE)
AND:
SHRI. MAHABALESHWAR S/O. MASTI
DESHBHANDARI, AGED ABOUT 64 YEARS,
OCCUPATION: RETD. ARTISAN,
R/O. #AT. POST MALLAPUR,
TQ: HONNAVAR, UTTAR KANNADA.
...RESPONDENT
(BY SRI RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT,
DIRECTION ON ORDER INCLUDING THE WRIT OF CERTIORARI
QUASHING THE AWARD DATED 01/03/2023 PASSED BY THE
PRESIDING OFFICER, LABOUR COURT, HUBLI IN APP.NO.98/2022
COPY OF WHICH IS PRODUCED AS ANNEXURE-C.
THESE PETITIONS, COMING ON FOR DICTATING ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner in these petitions is questioning the order
passed by the Labour Court, Hubballi, under Section 33-C(2) of
NC: 2023:KHC-D:14742
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
the Industrial Disputes Act, 1947 (hereinafter referred to as
'the I.D.Act, 1947', for short).
2. Admittedly, respondents in all these petitions are
the former employees of the petitioner-Corporation. After
attaining the age of superannuation, the respondent-employees
have received the service benefits payable to them.
Respondents approached the Labour Court under Section 33-
C(2) of the I.D.Act, 1947 with a prayer to award interest on the
delayed payment of statutory benefits.
3. Before the Labour Court, the petitioner-Corporation
appeared and filed objections to the petitions filed by the
respondent-employees on the premise that the petitions are
not maintainable and the Labour Court has no jurisdiction to
grant the prayer of the employees. Since, the employees
claimed interest from their employer on the delayed payment
of service benefits, the petitioner-corporation disputed the
liability to pay the interest on the delayed payment.
4. The parties led evidence before the Labour Court
and the Labour Court has allowed the claim petitions and
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
granted interest at the rate of 8% per annum for the delayed
period in making the payment of leave encashment.
5. Aggrieved by the aforementioned orders, the
petitioner-Corporation is before this Court.
6. Learned counsel for the petitioner-Corporation
raised the following contentions :
i) The petition under Section 33-C(2) of the I.D. Act,
1947 is in the nature of an execution petition.
Unless the claim is adjudicated or an award is
passed, the Labour Court does not get jurisdiction
to determine the claim.
ii) The claim relating to the entitlement of interest and
the rate of interest is not adjudicated prior to an
application under Section 33-C(2) of the I.D. Act,
1947, as such, the Labour Court does not get the
jurisdiction to entertain a petition.
iii) Under the provisions of the I.D. Act, 1947, there is
no liability imposed on the employer to pay the
interest in respect of delayed payment of leave
encashment.
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NC: 2023:KHC-D:14742
C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
iv) The terms of employment between the employer
and employees does not contemplate the payment
of interest to the employees in case of delayed
payment of service benefits, as such, under
Section 33-C(2) of the I.D. Act, 1947, the Labour
Court has no jurisdiction to entertain a claim
petition without there being any adjudication as to
the entitlement of the employees.
7. Learned Counsel Sri. Ravi Hegde, appearing for
respondent-employees raised the following contentions :
i) The relation between the petitioner and respondent
as an employer and employee is not in dispute.
The date on which the respondent-employees are
entitled to receive the leave encashment benefit is
also fixed in terms of the circular dated
09.07.1998, wherein the employer has an
obligation to make payment of leave encashment
on the date of attaining the age of superannuation.
This being the position, there is nothing to be
adjudicated by the Industrial Tribunal as
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
contemplated under the I.D. Act, 1947 and since no
adjudication is required relating to payment of
interest, the proceedings under Section 33-C(2) of
the I.D. Act, 1947 is maintainable.
ii) Assuming that the Labour Court has no jurisdiction
under the scheme of I.D. Act, 1947, to entertain
the matter, in case had it been referred to the
Industrial Tribunal under Section 10 by way of
reference, the same Court is required to adjudicate
the dispute and since the parties have been given
an opportunity to lead evidence, no prejudice is
caused to the petitioner-Corporation, as such, the
petition has to be dismissed.
8. Learned Counsel Sri. Ravi Hegde, appearing for
respondent-employees would also refer to the Judgments
referred to by the Labour Court in the impugned order.
9. Learned counsel Smt. Veena Hegde, appearing for
the petitioner-Corporation by way of reply would refer to the
judgment of the Hon'ble Apex Court in the case of Bombay
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
Chemical Industries vs. Deputy Labour Commissioner and
Another, reported in (2022) 5 SCC 629 and the Judgment of
the co-ordinate Bench of this Court in the case of The
Management of NWKRTC vs. Shri Nijauni S/o. Shivarudrappa
Devanur, Writ Petition No. 103872/2021 (L-KSRTC), disposed
on 05.01.2023.
10. This Court has considered the contentions raised at
the bar.
11. The scope and ambit of Section 33-C(2) of the I.D.
Act, 1947 is no longer res integra. The various High Courts as
well as the Hon'ble Apex Court have laid down the law
interpreting Section 33-C(2) of the I.D. Act, 1947. It is well
settled proposition of law that the proceedings under Section
33-C(2) of the I.D. Act, 1947 is in the nature of execution
proceedings, where the Labour Court will have the jurisdiction
to enforce the orders pursuant to an adjudication or settlement.
The Labour Court has the jurisdiction to entertain a petition
under Section 33-C(2) of the I.D.Act, 1947.
12. The judgment of the Hon'ble Apex Court in the case
of Union of India and another vs. Kankuben, reported in
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
(2006) 9 SCC 292 recognizes distinction between a pre-existing
right or benefit on one hand and the right or benefit which is
considered just and fair on the other hand. The Hon'ble Apex
Court has held that the claim based on the pre-existing right or
benefit can be adjudicated under Section 33-C(2) of the I.D.
Act, 1947 and the claim based on a fair and just claim cannot
be adjudicated under Section 33-C(2) of the I.D. Act, 1947.
13. In the light of the law declared by the Hon'ble Apex
Court, this Court has to consider whether the claim of the
petitioner-Corporation is based on any pre-existing right or
benefit.
14. The right to claim interest can be said to be a pre-
existing right or benefit, provided the terms and conditions of
contract of the employment between the employer and
employee is determined in the contract of employment, or if it
is determined in the Resolutions governing service conditions.
Admittedly, the terms and conditions of contract of employment
between the employer and employee if any, are silent on
payment of interest on delayed service benefits. The Rules and
Regulations governing the service conditions between the
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
employer and employees also do not contemplate the payment
of interest in case of delay in paying the interest to the
employees.
15. This being the position, this Court is of the view
that the claim for interest cannot be termed as a claim based
on the pre-existing right or benefit within the meaning of
Section 33-C(2) of the I.D. Act, 1947.
16. It is also an admitted fact that there is no
adjudication by the competent authority or Industrial Tribunal
as to whether the employees are entitled to interest on account
of delayed payment. In addition to that, there is no
adjudication as to the rate of interest as well. The rate of
interest on account of delayed payment depends on various
factors. It is submitted by the learned counsel for the
petitioner-Corporation that payment was delayed on account of
Covid-19 pandemic related restrictions.
17. Under these circumstances, this Court is of the view
that the Labour Court could not have entertained the petition
under Section 33-C(2) of the I.D. Act, 1947.
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C/W. WP NOS. 104337, 104361, 104362,
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18. The Labour Court has referred to the judgment of
the Delhi High Court, wherein the Delhi High Court has taken a
view that the claim relating to leave encashment can be
entertained under Section 33-C(2) of the I.D. Act, 1947,
without there being any reference under Section 10.
19. This Court is of the view that the said decision is
not applicable to the case on hand. The reason is simple. The
Delhi High Court has taken a view in the aforementioned case,
given the fact that the claimants before the Labour Court made
a claim for payment of leave encashment. The fact that the
employees are entitled to leave encashment was not in dispute.
This being the position, the Delhi High Court has taken a view
that the petition under Section 33-C(2) of the I.D. Act, 1947 is
maintainable. However, in the present cases, it is to be noticed
that the claim relating to entitlement of interest is in dispute.
Hence, the Judgment referred to by the Labour Court in its
order is distinguishable and not applicable to the cases on
hand.
20. For the aforesaid reason, this Court proceeds to
pass the following :
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
ORDER
(i) The writ petitions are allowed.
(ii) The orders passed by the Presiding Officer,
Labour Court, Hubballi, in the following
cases are set aside:
Application Date of order
number
105/2022 01.04.2023
74/2022 21.02.2023
87/2022 10.02.2023
82/2022 04.02.2023
107/2022 01.04.2023
97/2022 01.04.2023
89/2022 01.03.2023
101/2022 10.02.2023
66/2022 04.02.2023
75/2022 27.01.2023
98/2022 01.03.2023
(iii) However, this Court is of the view that the
claim of respondent-employees relating to
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C/W. WP NOS. 104337, 104361, 104362,
104883, 105118, 105131, 105666,
105668, 105672 and 105766 of 2023
interest on account of delayed payment of
leave encashment is not adjudicated by this
Court.
(iv) The observations made in this order should
not be construed as an observation denying
the fair claim of the respondent-employees
to claim interest on account of delayed
payment. This Court has only decided the
scope of the Labour Court under Section 33-
C(2) of the I.D. Act, 1947.
(v) The respondent-employees are entitled to
avail such remedy as available in law to
claim interest on the delayed payment, if it
is advised in law.
The time spent in prosecuting these petitions before the
Labour Court and before this Court is to be excluded in
computing the limitation, if any, if such claim in made under
other applicable jurisdiction.
Sd/-
JUDGE
CKK/ct-an
