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2015 Supreme(Ker) 167

M. M. Joseph – Appellant
Versus
Labour Court, Kochi – Respondent


Advocates appeared:
For the Petitioner:P. Ramakrishnan, Advocate.
For the Respondents:A. Ranjith, Government Pleader, R2 & R3, B. Ashok Shenoy, Lakshmi B. Shenoy, Advocates.

Judgment :-

1. A question of seminal importance, as to whether under Section 33C(2) of the Industrial Disputes Act, 1947 (for short the “I.D.Act”), the Labour Court is empowered to award interest, which has not been specifically granted in an award passed under the I.D. Act, is raised herein. When computation in terms of money is sought on the basis of a legal entitlement or on the basis of an award or settlement, and there is no specific provision to grant interest, could the principles of equity be invoked? When the claim is based on an award, will not the grant of interest be regulated by the award and will not an award; silent on that aspect be deemed to be a refusal of interest? The question is raised on the well established principle, that the Labour Court, under Section 33C(2), exercises power akin to an execution court as contemplated under the Civil Procedure Code, 1908 [for brevity “CPC”].

2. The background facts are that the petitioner in the writ petition was a Conductor of a stage carriage operated by the management. A checking conducted on a particular day, revealed ticket-less travel of two passengers. The Conductor was charge-sheeted and found guilty in an enquiry an













































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