RAJESH KUMAR,J - (1.) By Court: Heard counsel for the parties.
(2.) Present writ petition has been filed by the petitioner for quashing the entire proceeding being M.J. Case No. 8 of 2002 initiated under Section 33C(2) of the Industrial Disputes Act, 1947 for the payment of Ex-gratia amount.
(3.) It appears that the respondent-workman-Pranab Kumar Mukherjee, who was a regular employee of the petitioner-Company, has retired from the service of the petitioner-company w.e.f. 28.06.2000. He has been paid entire admissible dues. After getting the dues, a petition under Section 33C(2) of the Industrial Disputes Act has been filed by the respondent-workman for the payment of Ex-gratia amount, registered as M.J. Case No. 8 of 2002, which is usually payable to a workman at the discretion of the employer. During pendency of the said proceeding, Exgratia amount has already been released to the respondent-workman on 19.02.2003, amounting to Rs. 1,45,807/-, after deducting TDS of Rs. 17,493/-. Considering the above payment, award has been passed on 28.11.2007 whereby interest @ 7% per annum has been awarded to the respondent-workman. Being aggrieved, petitioner has preferred present writ petition.;