PRAMATH PATNAIK,J. - (1.) In the instant writ application, the petitioner has inter-alia prayed for direction to respondents to provide the interest of the arrear dues and for payment of fitment of the wages as per Wages Board Agreement and arrear dues of SPRA (Special Piece Rated Allowance) from 01.07.2001 to 30.06.2006 with interest.
(2.) It has been submitted in the writ application that the petitioner has earlier approached this Court in W.P.(S) No.5034 of 2003 wherein this court vide order dated 29.04.2005 has been pleased to direct that the petitioner is entitled to all the back wages with interest at the rate of 5% per annum which shall be paid within one month. If the respondents failed to pay the said arrears within the prescribed period, the petitioner shall be further entitled to get compensatory interest at the rate of 10% per annum over and above the said interest at the rate of 5% per annum. Due to non-compliance of the aforesaid order, Contempt Case No.460 of 2005 has been filed by the petitioner and the said petition has been disposed of vide order dated 01.08.2007. On the submissions of the learned counsel for the respondents since the payment of back wages have been paid, the Contempt Petition has been dropped. However, liberty was given to the petitioner to file a representation with details of the claim and the respondents was directed to consider the case of the petitioner and pass order in accordance with law.
(3.) A counter-affidavit has been filed by the respondents wherein details of the payment has been given at paragraph no.16 reads as under:- JUDGEMENT_213_LAWS(JHAR)1_2017_1.html It has further been submitted that the calculation of arrear wages includes interest @ 5% on gross amount in terms of direction dated 29.04.2005 of this Hon'ble Court in W.P(S) No.5034 of 2003. It has further been submitted in the counter-affidavit that the petitioner has been paid interest @ 10% over and above the interest of 5% for the period 93 onwards upto 20.05.2005 amounting to Rs. 71,664.29/- in terms of the direction dated 29.04.2005 of this Hon'ble Court passed in W.P.(S) No.5034 of 2003 by a cheque bearing no.387859 dated 06.07.2007 vide Annexure-F to the counter-affidavit. It has further been submitted that the total bill of amount on the account of 10% interest comes to Rs. 89,580.29/- out of which Rs. 17,916.00/- has been deducted towards Income Tax and the balance amount, amounting to Rs. 71,664.29/- has been paid to the petitioner. It has further been submitted that the interest of 10% for the period 29.05.2005 to 27.11.2006 amounting to Rs. 78,022.56/- has been paid to the petitioner by a cheque bearing no.0017801 dated 04.12.2006 as per Annexure-H to the counter-affidavit. It has further been submitted that the arrear of wages of SPRA (Special Piece Rated Allowance) for the period from 01.07.2001 to 30.06.2006 with interest has been paid to the petitioner.;