ORDER :

1.0. By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner challenges the order dated 18.06.2016 passed by the Presiding Officer (J.D.), Labour Court No.3, Vadodara, in Recovery (C- 2) Application No.320 of 2009, whereby the petitioner was ordered to pay salary from 01.05.2005 to 14.10.2009 as also other admissible benefits with interest from the date of application i.e. 14.10.2009 till its realization at the rate of 9% simple interest.

2.0. The respondent – workman, by filing aforesaid application before the Labour Court, contended that earlier also the petitioner was not paid his due salary from July 2003 to April 2006 as also the payment of bonus. However, he had preferred a reference before the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the Act’), wherein the Labour Court directed the payment thereof with 12% compound interest, which was challenged before this Court by way of Special Civil Application No.12424 of 2009, which came to be allowed to an extent the Labour Court awarded interest which is not provided under ‘the Act’. Therefore, again for non-payment of salary fro