Karamchari Sangh Vs. State of Rajasthan & Anr  Insc 471 (6 September
Singh & S.H. Kapadia
appeal by special leave is directed against the judgment and order of the High
Court of Judicature for Rajasthan at Jodhpur in D.B.Civil Spl. Appeal No.906 of 1999 dated 13th August, 2002. The High Court by a very brief
order observed that since notice issued by Labour Court was not accepted by the Department for the reason that copy
of the claim petition was not annexed thereto, the award must be set aside.
Accordingly, the High Court remanded the matter to the Labour Court for fresh decision in accordance
have heard counsel for the parties at length and perused the record placed
before us. We find that there is much to be said in favour of the appellant-P.W.D.Karamchari
Sangh. However, in view of the order passed by the High Court, we do not wish
to interfere, but justice demands that since the matter has been delayed
primarily on account of the unfair stand taken by the respondent, while we
uphold the order we direct that the respondents shall pay to the workmen
concerned 25% of the wages to which they would be entitled in accordance with
the award of the Labour Court dated 4th December, 1996 from the date of award
informed that two out of the 30 workmen concerned have died. The legal
representatives of the aforesaid deceased workmen shall be also paid the
arrears as directed by this Court.
appeal is disposed of accordingly. The payment of arrears shall be made within
three months from today, failing which it shall carry interest at the rate of
9% per annum. No orders as to costs.