1. Heard learned advocate Mr. J.V. Japee appearing on behalf of petitioner and learned advocate Mr. Ashish H. Shah appearing on behalf of respondent.

2. Law abiding person facing many difficulties when the person gets justice from the Court. In the facts and circumstances of the present case, it is very unfortunate situation that undisputed claim of the workman challenged by employer with all legal and technical aspects that workman is not entitled this amount and Labour Court has committed an error in granting such benefit. How the Court machineries are being utilised for unnecessary legal fight between two unequal. This is a clear example of such a situation.

3. In the present petition, according to prayer made by petitioner in Para 14-A, order dated 4th December 2007 passed by Labour Court in Recovery Application No.80 of 2006 is challenged which is at Page 35.

4. Learned advocate Mr. J.V. Japee raised following contentions before this Court :

(i) The Labour Court being an Executing Court has no jurisdiction to grant interest.

(ii) The Labour Court has not condoned the delay as no prayer is made by the workman though application under Section 33-C-1 was filed after a pe