Allahabad High Court
PHERU PRASADversusPRESCRIBED OFFICER LABOUR COURT AND 2 ORS.
- Decided
Holding
The Court ordered the respondent to pay Rs.5,000 interest, emphasizing that the order is confined to the facts of the case and not a precedent.
Summary
Pheru Prasad filed a writ petition in the Allahabad High Court challenging an order passed under Section 33-C(2) of the U.P. Industrial Disputes Act, 1947, seeking interest on a delayed payment of Rs.31,132. The petitioner claimed that the amount was due on 30 September 2000 but was actually paid on 3 October 2001. The trial court had rejected the claim, holding that the matter involved a disputed fact and could not be determined in a proceeding under Section 33-C(2). The High Court, noting that the petition had been pending for more than a decade, exercised its discretion in the interest of justice and directed the respondent to pay Rs.5,000 as interest. The order was expressly limited to the peculiar facts of the case and was not to be treated as a precedent. The petition was consequently disposed.
Issues considered
- Whether interest on a delayed payment can be awarded in a proceeding under Section 33-C(2) of the U.P. Industrial Disputes Act, 1947.
- Whether a disputed fact can be determined in a proceeding under Section 33-C(2).
Legislation cited
- U.P. Industrial Disputes Act, 1947 — s. 33-C(2)
Subjects
- interest
- industrial disputes
- Section 33-C
- delayed payment
- Uttar Pradesh
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29538 of 2014
Pheru Prasad
.....Petitioner(s)
Versus
Prescribed Officer Labour Court And 2 Ors.
.....Respondent(s)
Counsel for Petitioner(s) : Awadh Narain Rai
Counsel for Respondent(s) : Ayank Mishra, C.S.C., Devesh Vikram,
Kapil Dev Singh Rathore, Mayank
Mishra
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. This is a writ petition of the year 2014. None appears on behalf of
petitioner.
2. Petitioner has approached this Court to challenge an order passed on an
application filed under Section 33-C(2) of U.P. Industrial Disputes Act,
1947.
3. The issue was limited only to the payment of interest since an amount of
Rs. 31,132/- was paid belatedly. According to petitioner due date was
30.09.2000 whereas it was paid on 03.10.2001.
4. The claim was rejected since it was a disputed fact and it cannot be
determined in a proceeding under Section 33-C(2).
5. I have perused the record and is of the opinion that since this writ petition
is pending for last more than a decade, therefore, in the interest of justice, it
is disposed with that respondent shall pay an amount of Rs. 5000/- to
petitioner towards interest. It is made clear that this order is passed in
peculiar facts and circumstances of case and it shall not be treated as a
precedent.
September 23, 2026
AK (Saurabh Shyam Shamshery,J.)
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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