- (1.) Rule.
(2.) Learned counsel for the respondent waives notice of Rule.
(3.) I have heard learned counsel for both the sides on the point of interim relief. It appears that the Labour Court, Jamshedpur, has awarded interest upon ex gratia amount under the provisions of sub-section (2) of Section 33C of the Industrial Disputes Act, 1947 . Ex gratia amount has been paid by the management though there is no legal vested right in the respondent-workman, as per the submission made by the learned counsel for the petitioner. Moreover, it is also submitted by the learned counsel for the petitioner that the respondent was never a workman within the meaning of Section 2(s) of the Act, 1947, and, therefore, also application under Section 33C(2) of the Industrial Disputes Act, 1947 , was not tenable at law and moreover, several other legal points have been submitted by learned counsel for the petitioner, but, suffice it to say that there is, prima facie, case in favour of the petitioner. Balance of convenience is also in favour of the petitioner and irreparable loss will be caused if the stay, as prayed for, is not granted. Once the amount is paid to the respondent-workman practicably, there is no chance to recover the said amount.;