Rajasthan High Court - Jaipur
R S R T C And Ors vs Narayan Das Sirwani on 4 December, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 11171 / 2017
1. Rajasthan State Road Transport Corporation, Jaipur, Through Its
Managing Director
2. Dy. General Manager, Rajasthan State Road Transport
Corporation, Jaipur
3. General Manager, Rajasthan State Road Transport Corporation,
Jaipur
4. Chief Manager, Rajasthan State Road Transport Corporation,
Jaipur
----Petitioners
Versus
Narayan Das Sirwani S/o Shri Asumal Sirwani, R/o Plot No. 17,
Himmat Nagar, Jaipur
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Vinayak Joshi For Respondent(s) : Mr. Zeesham _____________________________________________________ HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 04/12/2017 The amount calculated and directed to be released under Section 33(c)(2) of the Industrial Disputes Act, 1947 (for short "the I.D. Act") passed by the Labour Court-I, Jaipur on an application under Section 33(2)(c) of the I.C. Act filed by the workman as ordered vide dated 25th April, 2016 is the subject matter of challenge in the present writ petition.
Counsel for the petitioner submits that a claim has been filed highly belatedly, and the amount ought to have been claimed under the execution proceedings and not under Section 33(c)(2) (2 of 2) [CW-11171/2017] of the I.D. Act. A look of the award passed by the Labour Court shows that the claim filed by the petitioner on the basis of decree passed in his favour dated 20.11.1987 was filed wherein the salary for the period from March, 1988 till February, 1999 was claimed.
In reply to the application under Section 33(c)(2) of the I.A. Act, the delay in raising the claim was objected, however, during the course of the proceedings under Section 33(c)(2) of the I.D. Act, the petitioner-Corporation released the amount for the period from February, 1988 onwards with salary and bonus of total amount of Rs.46,663 had already been paid by the Corporation before filing of the present application under Section 33(c)(2). Admittedly the amount which has been directed to be released is only the salary for the period March, 1988 to February, 1999 and calculations thereof is not disputed. The Labour Court has also granted interest @ 9% on the said amount and taking into consideration the delay of period of 12/13 years in filing the application, the interest granted by the Labour Court is not in order, only the original amount of Rs.5,43,638/-.
In view of the above, the writ petition is partly allowed. Respondents shall only be entitled to receive an amount of Rs.5,43,638 as salary for the intervening period without any interest thereto.
(SANJEEV PRAKASH SHARMA)J. Anu/48