(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) In all the matters, the basis of the present proceeding is the alleged breach and non-compliance to the order passed by the learned Single Judge of this Court in Special Civil Application No.11923/08 and allied matters read with the order passed by the Division Bench in the Letters Patent Appeal.
Ms.
Pandya, learned counsel for the applicant, in all the matters, states before the Court that pending the petition the arrears have been paid which was unauthorisedly deducted. However, she states that the said amount has remained unpaid for a period of 4 years and therefore, the respondent should also be paid reasonable interest as this Court may find it proper.
Ms.Raval, learned counsel appearing for the respondent states that the respondent is agreeable to pay the reasonable interest as this Court may find it proper.
As the amount which was otherwise to be paid was not paid and the amount has been enjoyed by the respondent Board, reasonable Bank rate interest deserves to be paid. Therefore, we direct that the interest at the rate of 8% p.a. from the date on which the amount was unauthorisedly deducted till the amount is actually paid, shall be calculated by the respondent and the said amount shall be paid within a period of three weeks to the concerned workman.
Learned counsel for the respondent further states that the aforesaid direction shall be complied with.
Hence, the present applications are disposed of accordingly. Liberty to apply in the event the direction is not complied with.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top