- 1 - HC-KAR NC: 2025:KHC-D:15533 WP No. 66871 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 66871 OF 2011 (L-KSRTC) BETWEEN: NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CHIKKODI DIVISION, CHIKKODI, BY ITS DIVISIONAL CONTROLLER, R/BY ITS CHIEF LAW OFFICER, SMT. PREMA BANAVI, DIST: DHARWAD. … PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE) AND: SUBHASH S/O. BABURAO JADHAV, AGE ABOUT 49 YEARS, EX- DRIVER, R/O: GAVALI GALLI, NEAR BANASHANKARI SCHOOL, JAMAKHANDI, DIST: BAGALKOT. … RESPONDENT (BY SRI. M.H. BHAT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 17/01/2011, PASSED BY THE ADDITIONAL LABOUR COURT, HUBLI, IN APPLICATION NO.15/2010, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, BY ALLOWING THIS WRIT PETITION WITH COST THROUGH OUT, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15533 WP No. 66871 of 2011 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 17.01.2011 in Application No.15/2010 on the file of the Additional Labour Court, Hubballi. 2. The application filed by the respondent of this petition under Section 33C(2) of the Industrial Disputes Act, 1947 ('Act, 1947') to claim the benefit flowing from the award dated 17.03.2009 in KID No.2/2005 on the file of Additional Labour Court of Hubballi, is allowed. The employer i.e. North West Road Transport Corporation (NWRTC) is directed to pay Rs.4,45,989/- along with interest @ 8% per annum from 24.08.2010 till realisation of the entire amount. 3. Learned counsel appearing for the NWKRTC would urge that the Court hearing the application under Section 33C(2) of the Act, 1947 exceeded its jurisdiction in awarding the aforementioned amount and interest @ 8% per annum. It is his submission that the claim for Rs.4,45,989/- is not supported by any material and the Section 33C(2) Court has no jurisdiction to award interest. - 3 - HC-KAR NC: 2025:KHC-D:15533 WP No. 66871 of 2011 4. It is contented that the entitlement of interest would has to be the subject matter of adjudication and has to be decided in an appropriate proceeding and there has to be an award. In the absence of any interest being awarded in the award, the Labour Court is not justified in awarding the interest. 5. Learned counsel appearing for the respondent would defend the impugned order. 6. The Court has considered the contentions raised at the Bar and perused the records. 7. The award dated 17.03.2009 in KID No.2/2005 on the file of the Additional Labour Court, Hubballi has attained finality as the W.P.No.67248/2009 filed by the petitioner to challenge that award is dismissed in terms of the order dated 25.02.2010. 8. In terms of the award, the respondent/employer is liable to pay 25% of the backwages from the date of dismissal till the date of reinstatement. - 4 - HC-KAR NC: 2025:KHC-D:15533 WP No. 66871 of 2011 9. It is also relevant to notice that as per the award, if the award is not implemented on time, the respondent/workman is deemed to have been in employment and entitled to full backwages as found in paragraph No.6 of the award. 10. The Labour Court has noticed that the workman is not reinstated within 60 days from the date of publication of the award. Thus, the Labour Court has calculated full backwages from April, 2009. 11. It is not forthcoming from the records as to when the petitioner has been reinstated. It is also not forthcoming as to whether the payment is made or not. However, the Labour Court has not calculated full backwages from the date of dismissal on the premise that the award is not implemented within the time stipulated though the award provides for it. It has calculated only 25% backwages for certain period and calculated full backwages from April, 2009 to 24.08.2010. - 5 - HC-KAR NC: 2025:KHC-D:15533 WP No. 66871 of 2011 12. The Labour Court has also observed that the respondent has not filed any memo of calculation except denying the claim made by the petitioner. 13. Under these circumstances, this Court does not find any reason to interfere with the quantum of Rs.4,45,989/- awarded by the Labour Court. 14. As far as interest is concerned, though there is no specific direction in the award to pay the interest, what is required to be noticed is the Labour Court has directed that award amount is to be paid within 60 days. That amount is not paid and the amount which was payable to the workman was lying with the petitioner/Corporation. 15. Under these circumstances, the award of 8% interest on the amount payable to the petitioner which was lying with the petitioner/Corporation cannot be said to be an erroneous order to interfere in exercise of jurisdiction Article 227 of Constitution of India. 16. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-D:15533 WP No. 66871 of 2011 ORDER i. The Writ Petition is dismissed. ii. If the amount is not yet paid, the same shall be paid within 60 days from the date of the receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 2 SL NO.: 6