P.B. Bajanthri, J. - (1.) (Oral) - In this writ petition, the petitioner have questioned the award of the Labour Court dated 10.02.1993.
(2.) Brief facts of the case are that the petitioner was appointed as a Weighment Clerk in the year 1974 for a seasonal worker in the pay scale of Rs. 127/-. Thereafter in the year 1977, he was appointed as a Chowkidar in the pay scale of Rs. 110/- instead of pay scale 127/-. Feeling aggrieved by not extending the pay scale of Rs. 127/-, he approached the Labour Court. The Labour Court decided in favour of the respondent-workman on 01.05.1989 by holding as under:- Relief:- 14. In view of my findings detailed above, the impugned application of the workman is allowed and the respondent-employer is accordingly directed to pay a sum of Rs. 3944.35 P. in all, to the workman, within a period of 3 months from today failing which the petitioner workman shall be entitled to recover it along with interest @ 12% per annum from the date of default, till actual payment. This application is disposed off accordingly, with no order as to costs. Parties be informed.
(3.) Learned counsel for the petitioner submitted the order of Labour Court has been complied. The respondent-workman once again approached the Labour Court under Section 33-C(2) of Industrial Disputes Act, 1947. The Labour Court passed the impugned order dated 10.02.1993 by holding as under:- 10. In view of my findings on the issues discussed above, I hold that the workman is entitled to recover Rs. 25,620/- from the management and that the management is directed to make the payment of this amount within three months from the date of order, failing which the workman would be entitled to recover the interest at the rate of 12% per annum on the amount from the date of filing of application till the date of realisation of the amount. The application is disposed of accordingly, with costs of Rs. 300/- only. ;