http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

CASE NO.: Appeal (civil)  5545 of 2003

PETITIONER: P.W.D. KARAMCHARI SANGH                        

RESPONDENT: STATE OF RAJASTHAN & ANR.                      

DATE OF JUDGMENT: 06/09/2005

BENCH: B.P. SINGH & S.H. KAPADIA     

JUDGMENT: J U D G M E N T          This appeal by special leave is directed against the judgment and order of the High   Court of Judicature for Rajasthan at Jodhpur in D.B.Civil Spl. Appeal No.906 of 1999 dated  13th August, 2002.   The High Court by a very brief order observed that since notice issued  by  Labour Court was not accepted by the Department for the reason that copy of the claim petiti on  was not annexed thereto, the award must be set aside.    Accordingly, the High Court remande d  the matter to the Labour Court  for fresh decision in accordance with law.         We have heard counsel for the parties at length and perused the record placed  before us.   We find that there is much to be said in favour of the appellant-P.W.D.Karamcha ri  Sangh.   However, in view of the order passed by the High Court, we do not wish to interfere , but  justice demands that since the matter has been delayed primarily on account of the unfair st and  taken by the respondent, while we uphold the order we direct that the respondents shall pay  to  the workmen concerned 25% of the wages to which they would be entitled in accordance with  the award of the Labour Court dated 4th December, 1996 from the date of award till payment.              We are informed that two out of the 30 workmen concerned have died.    The legal  representatives of the aforesaid deceased workmen shall be also paid the arrears as directed  by  this Court.             This appeal is disposed of accordingly.   The payment of arrears shall be made  within three months from today, failing which it shall carry interest at the rate of 9% per  annum.  No orders as to costs.