S.J.VAZIFDAR
PRABHAVATI RAMGARIB B – Appellant
Versus
Divisional Railway Manager, WESTREN RAILWAY MANAGER, MUMBAI – Respondent
1. The Petitioner has sought a writ of certiorari to quash and set aside the order of the Central Government Industrial Tribunal and Labour Court dismissing his application under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the ID Act").
2. The case, in a nutshell, is this. In the Petitioner's deceased husband's earlier application also under Section 33-C(2), the Respondent was, by an order dated 30th September, 1992, directed to pay him a sum of Rs.65,781/-. The Respondent paid the same almost eleven years later, on 14th March, 2003, after dragging the Petitioner through rounds of tortuous litigation and only after this Court issued notice in a Contempt Petition filed by the Petitioner. The Petitioner filed the present application under Section 33-C(2) for interest at 12 per cent per annum for the period 30th September, 1992 to 14th March, 2003.
3. Mr.Patil, the learned counsel appearing on behalf of the Respondent opposed the Petitioner's application for interest on the following grounds :-
i). The application under Section 33-C(2) was filed after considerable delay.
ii). The application is not maintainable as there was no employer emp
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