VINEET KOTHARI, J. - (1.) THIS writ petition has been filed seeking implementation of the award dtd.27.8.2003 passed by the learned Industrial Tribunal, Jodhpur under Section 33C(2) of the Industrial Disputes Act, 1947.
(2.) THE learned Tribunal has directed that difference amount of Rs.25,427/ - of consequential benefits upon reinstatement of workman may be paid with interest @12% per annum and on the total benefits computed as consequential benefits of Rs. 1,39,190/ - out of which Rs. 1,13,763/ -was paid by the respondent - employer to the workman, the said amount of Rs.1,39,190/ - will also bear interest @12% per annum for a period from 28.9.1993 to 9.5.2003.
(3.) SINCE the said interest does not appear to have been paid by the respondent -employer who implemented the said award by reinstating the workman in service and also paying consequential benefits to the extent as indicated above, the petitioner -workman has approached this Court for implementation of the said order under Section 33C(2) of the Act dtd.27.8.2003 for payment of interest part also. Though no reply on behalf of the respondent employer has been filed to the present writ petition, in the facts and circumstances of the case, it is not even considered necessary. Since the said order under Section 33C(2) of the Act, has become final and has not been challenged by the respondent - employer anywhere, it is only a matter of computation of interest in accordance with the order dtd.27.8.2003 which ought to have been done by now and interest ought to have been paid by the employer. The petitioner - workman has been unnecessarily compelled to approach this Court again for implementation of the order passed by the Industrial Tribunal which was not implemented for no valid rhyme or reason.;