R.K. Merathia, J. - (1.) GRIEVANCE of the petitioner is that in spite of entering into compromise with workmen in 63 cases out of 73 cases, the impugned order has been passed suo -moto by the Presiding Officer, Labour Court, Jamshedpur on 10.9.2008 in Misc. Case No. 6 of 2008 directing the petitioner to pay interest at the rate of 9% p.a. from 19.10.1995 on the awarded amount till its payment.
(2.) IT is submitted that out of 73 cases, petitioner settled the matter with 63 persons and made payment as per the settlement which was verified by the Sheristedar also. Out of remaining 10 persons, 5 never appeared before the Labour Court and so far as the remaining 5 was concerned, the cheques were deposited in the Labour Court in terms of the direction of the appellate court. Thereafter, 2 persons received payments, 2 persons died and one did not receive the payment. Respondents herein are the heirs of the 2 persons who died. It is further submitted that the petitioner is still ready and willing to pay the settled amount to the respondents. Mr. Pradip Kumar Prasad, learned Counsel appearing for the respondents has got no objection to such prayer.
(3.) IN these circumstances, the impugned order is set aside. The petitioner is directed to hand over the amount settled with Late B. Gopal Rao to his brothers respondent Nos. 1 to 3 - B. Govind Rao, B.S. Rao and B. Mohan Rao equally. Similarly, the amounts settled with Late Dukhani Manjhi be paid to respondent Nos. 4 to 8 - Raghunu Hembram, Chotan Hembram, Ramdhan Hembram, Dinesh Hembram and Gopal Hembram in equal proportion. Such payment be made by the account payee cheque payable at par, and may be handed over to Mr. Pradip Kumar Prasad, Counsel appearing for the respondent Nos. 1 to 8 within two weeks from today and the receipt thereof should be filed.;